Pixel Scroll 10/30/20 Stories That Should Have Scrolled The Pixel

A bit under the weather, so a short Scroll today.

(1) GOES OVER THE TOP. Good news about the Constelación Magazine Kickstarter:

The biggest news we have to share is that our Kickstarter has fully funded! Thank you so much to all of you who have supported us either by backing or by sharing. We are so grateful! 

We’re well on our way to our first stretch goal, which increases the pay for our translators by 50%. If you can, please spread the word and help us close strong.

(2) AS CLEAR AS IS THE SUMMER SUN. “Timothy Explains The Electoral College” at Camestros Felapton.

…However, an electoral college is a university where you study to pick the leader of your republic. Like any university it has a library and over-priced places to eat which the students avoid because they can’t afford to eat on campus but that’s OK because all their lectures are online now and they can eat toast at home. In America, the electoral college is in a big tree all covered in ivy and so probably doesn’t have a lot of room for over-priced places to eat, maybe only a gift shop selling t-shirts with the university name on them.

(3) OMEGAVERSE LITIGATION. The Electronic Frontier Foundation is “Defending Fair Use in the Omegaverse”. (New developments in the story linked in May 24 Pixel Scroll item #2.)  

Copyright law is supposed to promote creativity, not stamp out criticism. Too often, copyright owners forget that – especially when they have a convenient takedown tool like the Digital Millennium Copyright Act (DMCA).

EFF is happy to remind them – as we did this month on behalf of Internet creator Lindsay Ellis. Ellis had posted a video about a copyright dispute between authors in a very particular fandom niche: the Omegaverse realm of wolf-kink erotica. The video tells the story of that dispute in gory and hilarious detail, while breaking down the legal issues and proceedings along the way. Techdirt called it “truly amazing.” We agree. But feel free to watch “Into the Omegaverse: How a Fanfic Trope Landed in Federal Court,” and decide for yourself.

The dispute described in the video began with a series of takedown notices to online platforms with highly dubious allegations of copyright infringement. According to these, one Omegaverse author, Zoey Ellis (no relation) had infringed the copyright of another, Addison Cain, by copying common thematic aspects of characters in the Omegaverse genre, i.e., tropes. As Ellis’ video explains, these themes not only predate Cain’s works, but are uncopyrightable as a matter of law. Further litigation ensued, and Ellis’ video explains what happened and the opinions she formed based on the publicly available records of those proceedings. Some of those opinions are scathingly critical of Ms. Cain. But the First Amendment protects scathing criticism. So does copyright law: criticism and parody are classic examples of fair use that are authorized by law. Still, as we have written many times, DMCA abuse targeting such fair uses remains a pervasive and persistent problem… 

(4) TODAY’S BIRTHDAYS.

[Compiled by Cat Eldridge and John Hertz.]

  • Born October 30, 1919 – Walt A. Willis.  One of our finest fanwriters.  The success of “WAW with the Crew in ’52”, bringing him from Belfast to Chicago for Chicon II the 10th Worldcon, laid the foundation for TAFF (Trans-Atlantic Fan Fund), of which he was the first Administrator.  Fanzines HyphenSlant.  Two Hugos (Outstanding Actifan i.e. active fan, 1958; Best Fanzine, for Slant, Retrospective Hugo, 2004).  Fan Guest of Honor at MagiCon the 50th Worldcon (Orlando).  See more here.  (Died 1999) [JH]
  • Born October 30, 1923 William Campbell. In “The Squire of Gothos” on Trek — a proper Halloween episode even if it wasn’t broadcast then — he was Trelane and in “The Trouble With Tribbles”, he played the Klingon Koloth, a role revisited on Deep Space Nine in “Blood Oath”. He appeared in several horror films including Blood BathNight of Evil, and Dementia 13. He started a fan convention which ran for several years, Fantasticon, which celebrated the achievements of production staffers in genre films and TV shows and raised funds for the Motion Picture & Television Fund, a charitable organization which provides assistance and care to those in the motion picture industry with limited or no resources, when struck with infirmity and/or in retirement age. (Died 2011.) (CE)
  • Born October 30, 1935 – Don A. Thompson.  Pioneer of comics fandom.  With Dick Lupoff, co-edited All in Color for a Dime and The Comic-Book Book.  With wife Maggie Thompson, wrote “Beautiful Balloons” column for The Buyer’s Guide for Comic Fandom, and edited the Guide after it changed hands in 1983; with her, an Inkpot, a Kirby, an Eisner, Diamond Lifetime Fan Award (1991).  DT & MT were Fan Guests of Honor at Penulticon ’79.  (Died 1994) [JH]
  • Born October 30, 1947 –Tim Kirk, 73.  One of our finest fanartists; five Hugos.  His Master’s thesis illustrated The Lord of The Rings, still among the best; Ballantine published thirteen images as the 1975 Tolkien calendar.  Senior designer for Tokyo DisneySea.  Designed Paul Allen’s SF Museum (Seattle).  Here is an interior from Science Fiction Review.  Here is the May 74 Algol.  Here is “The Riddle Game”.  Here is a drawing used for Loscon 46.  Here is Not All a Dream.  [JH]
  • Born October 30, 1951 P. Craig Russell, 69. Comic illustrator whose work has won multiple Harvey and Eisner Awards. His work on Killraven, a future version of H. G. Wells’ The War of the Worlds, collaborating with writer Don McGregor, was lauded by readers and critics alike. Next up was mainstream work at DC with I think his work on Batman, particularly with Jim Starlin. He also inked Mike Mignola’s pencils on the Phantom Stranger series. He would segue into working on several Moorcock’s Elric of Melniboné projects. Worth noting is his work on a number of Gaiman projects including a Coraline graphic novel.  Wayne Alan Harold Productions published the P. Craig Russell Sketchbook Archives, a 250+-page hardcover art book featuring the best of his personal sketchbooks.
  • Born October 30, 1951 Harry Hamlin, 69. His first role of genre interest was Perseus on Clash of The Titans. He plays himself in Maxie, and briefly shows up in Harper’s Island. He was Astronaut John Pope in the genre adjacent Space miniseries. On the stage, he’s been Faust in Dr. Faustus. (CE)
  • Born October 30, 1958 Max McCoy, 62. Here for a quartet of novels (Indiana Jones and the Secret of the SphinxIndiana Jones and the Hollow EarthIndiana Jones and the Dinosaur Eggs and Indiana Jones and the Philosopher’s Stone) which flesh out the back story and immerse him in a pulp reality. He’s also writing Wylde’s West, a paranormal mystery series. (CE) 
  • Born October 30, 1962 – Lisa Major, 58.  Co-editor with husband Joseph of the fanzine Alexiad.  Fan of horse races, including trotting, pacing.  From October 2020 (Alexiad 113): “September is International Month.  Normally we of the libraries get assigned a country in order that we may display books … and have programs….  This year … not open to the public … I decide that I will have my own….  a bakery owned by a woman from Uganda … has a marvelous display….  I walk out with … a decorated little bowl … gives me something of the … serenity I got … when my library was assigned Japan.”  [JH]
  • Born October 30, 1972 – Tammy Coxen, 48.  Chaired Detcon the 11th NASFiC (North America SF Con, since 1975 held when the Worldcon is overseas).  Hugo Administrator for CoNZealand the 78th Worldcon. Wrote this guide “So You Want to Bid for a Worldcon”.  Cocktail enthusiast and Chief Tasting Officer of Tammy’s Tastings.  [JH]
  • Born October 30, 1972 Jessica Hynes, 48. Playing Joan Redfern, she shows up on two of the most excellent Tenth Doctor stories, “Human Nature” and “ The Family of Blood”. She’d play another character, Verity Newman in a meeting of the Tenth and Eleventh Doctors, “The End of Time, Part Two”. Her other genre role was as Felia Siderova on Randall & Hopkirk (Deceased) in the “Mental Apparition Disorder” and  “Drop Dead” episodes. (CE)
  • Born October 30, 1974 – Libia Brenda, 46.   Part of the Mexicanx Initiative Experience at the 76th Worldcon and thus a Hugo finalist for Best Related Work.  “Sea Wings” (in English) in the Jul 19 Argonaut.  Two anthologies, A Larger Reality being speculative fiction “from the bicultural margins”, and A Timeline in Which We Don’t Go Extinct being A Larger Reality 2.0, each in English and Spanish.  [JH]

(5) SHINY. If Santa ever has to give Rudolph the year off, how about adding a monotreme to the team? “As If the Platypus Couldn’t Get Any Weirder” in Gizmodo.

…It’s not enough to be a mammal who lays eggs, sports a duck-like bill and webbed feet, hunts using electroreception, and wields venomous spurs. The platypus also glows green under ultraviolet light. Because of course it does. Details of this unexpected discovery were published earlier this month in the science journal Mammalia.

The platypus now joins a very exclusive club, as it’s one of only three known biofluorescent mammals, the other two being opossums and flying squirrels. That said, the platypus does stand alone as the only known monotreme, or egg-laying mammal, capable of pulling off this trick (the only other extant monotremes are four species of echidna). Of course, biofluorescence is seen in many other organisms, such as fungi, fish, phytoplankton, reptiles, amphibians, and at least one species of tardigrade.

But wait – if they’re delivering in sunlight they still won’t need one, will they….

(6) BUY IT AGAIN. [Item by Daniel Dern.] So the Amazon Shopping app on my phone just recommended (Samuel R Delany’s) BABEL-17, including via Kindle Unlimited.

Given some of my browsing I guess that’s not completely out of the blue, although it feels like I’d been doing some (research) lookups for Heinlein but not Delany.

If Amazon were a person, I’d respond with a picture of my $0.50 Ace paperback with the “Nebula winner” sticker on the cover design. I’m not sure if I have any older copies. If I have an autographed one, it’s in a different stack, not worth fishing for just for an item. So there, Mr Bezos — you may know what I look up online, but you don’t (yet) know what is one my shelves. (If I ever scan for inventorying, no doubt that will change.)

(7) CAT TREK. Somebody must need this – maybe it’s you! you can get a cardboard figure of Grudge the Cat. “Star Trek: Discovery Grudge Standee” at Star Trek Shop.

(8) VIDEO OF THE DAY. Dr. Sanjay Gupta Rates Halloween Masks – a segment on The Late Show With Stephen Colbert.

Halloween is coming up and with the coronavirus, it’s more important than ever for everyone to stay safe. That’s why CNN’s Chief Medical Correspondent, Dr. Sanjay Gupta, is here to make sure your Halloween masks are as safe as your regular mask!

[Thanks to John King Tarpinian, Andrew Porter, Ben Bird Person, Danny Sichel, Michael Toman, JJ, John Hertz, Mike Kennedy, Cat Eldridge, Daniel Dern, and Martin Morse Wooster for some of these stories. Title credit belongs to File 770 contributing editor of the day Jon Meltzer.]

What’s Happening with 2021 Worldcon Facilities

Colette Fozard and Bill Lawhorn, chairs of DisCon III, the 2021 Worldcon, updated fans about the status of their facilities in the convention’s October newsletter [PDF file]:

As you can imagine, we have uncertainty related to the Coronavirus but planning and activities continue. The status of the Marriott Wardman Park Hotel is unclear. Litigation between the owners was filed 2 September and settled at the end of September. At the start of October, Marriott filed a lawsuit against one of the entities that owns the hotel. What a mess! The hotel itself does not have an official statement at this time, and we are in close touch. Our Facilities team does have the room blocks for both the Marriott and the Omni Shoreham set up, and our current plan is to release those in January 2021.

In June, the Marriott Wardman Park hotel ownership notified the workers’ union of its intention to potentially close the hotel permanently. The facility has been shuttered since March due to the coronavirus outbreak.

According to the Wikipedia, (citing the Washington Business Journal article “Marriott sues Wardman Park hotel owner, alleging a lack of investment in the property”, behind a paywall):

On October 6, 2020, Marriott sued Pacific Life (which now owned 80% of the property) and JBG Smith (which owned 20%). Marriott claimed the two companies were intentionally failing to invest contractually obligated capital in the hotel, in order to force the property to close, so they could redevelop the land as a high-end residential property, even though Marriott had a contract to manage the hotel through 2029, followed by three automatic 10-year extensions.

So if DisCon III can’t use the Marriott, they presently have space reserved in the nearby Omni Shoreham.  

Pixel Scroll 9/30/20 Fantastic Pixels And Where To Scroll Them

(1) HEAD FILLED WITH IDEAS. “Interview: P. Djèlí Clark, author of Ring Shout”, an author Q&A conducted by Andrea Johnson at Nerds of a Feather.

…Mr. Clark was kind enough to talk with me about the music behind his new novella, the novella’s long (and then fast) journey to publication, how the novella got personal, and more. Let’s get to the interview!

NOAF: You mention on your blog that this story was in your head for a long time before you wrote it down. Can you tell us about when and why you decided to write the story down? And while you were drafting it out, did were there any scenes or characters that ended up completely differently than how you had originally imagined them?

P. Djèlí Clark: Yeah, the story was definitely with me for a while—mostly in dreamt up scenes and characters with a smattering of a plot. Visuals or a song could send me daydreaming for a minute. As I’m prone to do, it’s only when I have a full sketch of a story in my head that I start jotting down notes. That was in early August 2016. I sat down and wrote up Ring Shout from start to ending, on the Notes feature on my iPhone. Then I put it down and went and lived the rest of my life. It wasn’t until April of 2019 that it started to become “a thing.” I was sitting in a DC café, on the phone with my editor Diana Pho about a book contract for an unrelated completed full-length novel. The book world being the book world, it probably wouldn’t come out until 2021. My novella The Haunting of Tram Car 015 had just been released and that meant there’d be this big gap before I was next published. Diana asked if I might be interested in doing another novella in between—that is, if I had any ideas. I pitched two concepts, one of which was Ring Shout. It ended up in the contract.

Then came the real trouble. I had nothing written but a set of notes from almost 3 years back and a head full of ideas. I had until about September to turn it into a working story. Planned to get it done that summer. But nope. Academic work and copyedits on the unrelated full-length novel pretty much devoured my writing time. Finally, I got started on August 30, 2019. Two days before it was due. Had to ask for an extension. Then somehow, in the next four weeks, got it written. By that time whole new characters had been added, scenes had changed, and elements of the overall plot had been rewritten—so that it only resembles in passing those original notes from 2016. But hey, that’s the writing process….

(2) ARISIA. Progress Report 3 confirms Arisia 2021 will be entirely virtual – which hadn’t been taken for granted after last year’s issues.

Over the past seven months, the Eboard Con Chair Team, along with Assistant Con Chair Vivian Abraham and the Division Heads, have been working hard to determine what we need to recreate the Arisia experience in an online-only convention. Our first step was to make sure that Arisia is squared away with its hotel contract. Hotel liaison Wendy Verschoor, along with Eboard President Nicholas “Phi” Shectman, have been in talks with the Westin Boston Waterfront and Aloft regarding our Arisia 2021 contract. As of September 15, 2020 we were able to come to an agreement. We will not need to have a hotel presence this year, and our continuing contract with the Westin Boston Marriott and Aloft will resume in 2022.

(3) EPIC SLAPDOWN. CNN Business is a fly on the wall as “Judge in Apple ‘Fortnite’ case slams Epic’s tactics, hints at July trial date”.

A federal judge presiding over a high-stakes antitrust lawsuit between Apple and Epic Games — maker of the popular video game Fortnite — repeatedly slammed Epic on Monday on its legal theories and tactics in the company’s case against the iOS App Store, a court battle that could reshape the digital economy.

Epic is seeking a temporary court order that would force Apple to unblock Fortnite from its iOS App Store. Apple removed the game in August after Epic pushed a software update to the app that allowed players to circumvent Apple’s proprietary in-app payment system — a move that is contractually prohibited.

…Judge Gonzalez Rogers looked skeptically at many of Epic’s claims, explicitly telling the company several times in the hearing she was not persuaded by its arguments or its strategy.

Epic knew that it was breaching its contract with Apple when it published the update, but did it anyway, she said, accusing the company of dishonesty.

Apple has justified its app store policies partly as a way to protect consumers from security risks and malicious software. Epic has countered that it is a credible business that has been on the iOS App Store for years and poses no security threat. But Gonzalez Rogers said that is not the issue.

“You did something, you lied about it by omission, by not being forthcoming. That’s the security issue. That’s the security issue!” Gonzalez Rogers told Epic. “There are a lot of people in the public who consider you guys heroes for what you guys did, but it’s still not honest.”

Epic’s attorneys acknowledged that the company breached its agreement with Apple but claimed Epic was simply refusing to comply with an anti-competitive contract, and that forcing a legal battle was part of Epic’s plan.

…It also cited Apple’s in-app payment system as an example of illegal tying — when a company bundles two products together for anti-competitive gain.

But there is no tying going on with Apple’s in-app payment system, Gonzalez Rogers observed.

“I’m not particularly persuaded,” she said of the in-app payment mechanism. “I just don’t see this as a separate and distinct product.”

Nor did the judge buy Epic’s argument that Apple has harmed the distribution of Fortnite because of Apple’s exclusive control of the iOS App Store. Fortnite players on iOS have a variety of choices to access the game even if it is no longer available on iOS, she said.

“Walled gardens have existed for decades,” she said. “Nintendo has had a walled garden. Sony has had a walled garden. Microsoft has had a walled garden. What Apple’s doing is not much different… It’s hard to ignore the economics of the industry, which is what you’re asking me to do.”

(4) TWO OPEN LETTERS. [Item by Martin Morse Wooster.] Alison Flood, in “More than 200 writers and publishers sign letter in support of trans and non-binary people” in The Guardian, says that 200 people, most notably Jeanette Winterson signed a letter generally supporting trans and non-binary people after 58 writers, including Lionel Shriver, Ian McEwan, and Susan Hill, signed a letter supporting J.K. Rowling.  But the article about that letter was published in The Times, which is behind a paywall.

(5) ACCIO ERRAT! [Item by Olav Rokne.] Writing in Forbes, film critic Scott Mendelson examines the recent announcement that Warner Brothers will be making another Harry Potter-related movie, despite the diminishing returns from the franchise, and the cavalcade of transphobia from J.K. Rowling. “4 Reasons Warner Bros. Is Still Making J.K. Rowling’s Third ‘Fantastic Beasts’ Movie”.  

He writes: “In a skewed way, stopping now and admitting that the Fantastic Beasts franchise was a failed experiment would probably do Warner Media, a publicly-traded company, more harm than just bringing the story to a natural conclusion and taking their commercial licks along the way. Call it sunk-cost fallacy.”

(6) JOHN THE BALLADEER NEWS. The latest Haffner Press newsletter includes an update on the forthcoming 500+-page volume, Manly Wade Wellman’s The Complete John The Balladeer – with a link to preview five examples of Tim Kirk’s illustrations. Here’s one of them:

(7) MEDIA BIRTHDAY.

  • September 30, 2005. The Joss Whedon-written Serenity premiered. The sequel, or perhaps continuation, or perhaps finale of, the short-lived Firefly series, it reunited the entire cast from the series. It would overwhelmingly win the Hugo Best Dramatic Presentation at L.A. Con IV beating out The Chronicles of Narnia: The Lion, the Witch and the Wardrobe,  Wallace & Gromit in the Curse of the Were-Rabbit, Batman Begins and Harry Potter and the Goblet of Fire. It holds an excellent eighty two percent rating by audience reviewers at Rotten Tomatoes. 

(8) TODAY’S BIRTHDAYS.

[Compiled by Cat Eldridge and John Hertz.]

  • Born September 30, 1915 – Richard D. Mullen.  Founder of Science Fiction Studies; co-editor (with Darko Suvin) 1973-1978; returned as editor, managing editor, and like that, 1991.  Two books of selected SFS articles, two more on P.K. Dick (with DS & others); essays, reviews, in SFS, ExtrapolationFoundationRiverside Quarterly.  (Died 1998) [JH]
  • Born September 30, 1926 – Gillian Avery.  Historian of children’s education and literature.  The Guardian Children’s Literature prize for Edwardian father-son novel A Likely Lad.  For us, Huck and Her Time Machine (note pronoun); a dozen others; nonfiction including a Life of Juliana Ewing and an ed’n of Emily Pepys’ Journal (this branch of the family pronounces their name peppis).  (Died 2016) [JH]
  • Born September 30, 1949 – D Potter.  Fanziner, photographer, railroad fan.  Fan Guest of Honor at Balticon 16.  Active in various apas including APA-QFAPAMyriad.  Appreciations by Our Gracious Host and Avedon Carol here.  (Died 2017) [JH]
  • Born September 30, 1950 Laura Esquivel, 70. Mexican author of Como agua para chocolateLike Water for Chocolate in English. Magic realism and cooking with more than a small soupçon of eroticism. Seriously the film is amazing as is the book. ISFDB says she’s also written La ley del amor (The Law of Love) which I’ve not read. (CE)
  • Born September 30, 1951 Simon Hawke, 69. Author of the quite superb Wizard of 4th Street series as well as the TimeWars series. He has written Battlestar GalacticaTrekFriday the 13thPredator and Dungeons & Dragons novels as well as the genre adjacent Shakespeare & Smythe mysteries which bear titles such as Much Ado About Murder. (CE) 
  • Born September 30, 1954 – Sylvia McNicoll, 66.  Two dozen children’s novels, of which two for us.  Silver Birch; four Hamilton Arts Council awards (Body Swap won 2019 Literary Award for Fiction); several more.  Website.  [JH]
  • Born September 30, 1960 Nicola Griffith, 60. Editor with Stephen Pagel of the genre gender anthologies, Bending the Landscape: Science FictionBending the Landscape: Fantasy (World Fantasy Award and Lambda winner) and Bending the Landscape: HorrorAmmonite won both the Lambda and Otherwise Awards. She also garnered a Lambda and a Nebula for the most excellent Slow River. All of her novels are available from the usual digital suspects. (CE) 
  • Born September 30, 1972 – Sheree Renée Thomas, 48.  Dark Matter, a NY Times Notable Book of the Year, won World Fantasy Award for Best Anthology, then Dark Matter, Reading the Bones won another; Fall 2016 Obsidian; Jul 2018 Strange Horizons (with Rasha Abdulhadi, Erin Roberts); Aug 2018 Apex.  A dozen short stories, fifty poems, essays, for us; many others; see here (Wikipedia).  [JH]
  • Born September 30, 1975 Ta-Nehisi Coates, 45. He has also written Black Panther and Captain America stories. Issue number one of the former series sold a quarter million physical copies, very impressive indeed. The Water Dancer contains magic realism elements. (CE) 
  • Born September 30, 1982 Lacey Chabert, 38. Penny Robinson on the Lost in Space film reboot which I did see in the theater and didn’t think it was too bad.  She’s done mostly voice acting and children’s features after that. She voiced Gwen Stacy on The Spectacular Spider-Man series and does likewise for Zatanna Zatara on the current Young Justice series. (CE) 
  • Born September 30, 1983 – Angela Kulig, 37.  Seven novels, a dozen shorter stories.  “I write books, many of which have been published.  I live in Las Vegas, which sounds exciting, but I prefer to pretend I live in books.”  Website.  [JH]
  • Born September 30, 1985 Katrina Law, 35. She’s well-known for playing the roles of Mira on Spartacus: Blood and Sand and Spartacus: Vengeance which are sort of genre, and  Nyssa al Ghul on Arrow. (CE)

(9) JEOPARDY! Andrew Porter says another Jeopardy! contestant missed their shot with a genre topic.

Category: Playing the part on TV

Answer: Mr. Sulu; His own head on “Futurama”

Wrong question: “Who is DeForest Kelley?”

(10) FORD NOVEL RETURNS. Today is the republication date for John M. Ford’s long out-of-print The Dragon Waiting.

Available for the first time in nearly two decades, with a new introduction by New York Times-bestselling author Scott Lynch, The Dragon Waiting is a masterpiece of blood and magic.

Isaac Butler has all kinds of reasons you should read it:

(11) DO INQUISITORIAL SPAIN AND YA MIX? Not a problem. At garik16’s blog: “SciFi/Fantasy Book Review: Incendiary by Zoraida Córdova”.

Incendiary is the first in a new Young Adult Fantasy trilogy by author Zoraida Córdova, with the setting inspired by Inquisitorial Spain.  Córdova is a prolific YA writer whose work I hadn’t gotten to previously, but one I was hoping to get to at some point, so I requested this novel via inter-library loan once my library reopened.

And well, Incendiary is a really interesting YA fantasy novel, with a compelling protagonist….but also one that feels not quite sure what it wants to do with her…. 

(12) RENDEZVOUS WITH DESTINY. “Man steals truck to go ‘meet an alien'” – but this time it’s Utah Man, not Florida Man.

A Utah man is behind bars after he stole a pickup truck out of a 7-Eleven parking lot.

The victim left the keys in the truck and the vehicle unlocked when he went in to the convience store for a quick stop.

That’s when Bryce Jerald Dixon hopped into the vehicle and took off.

KUTV reports that Dixon took the truck in order to drive all the way to the “Colosseum to get on a flight with alien diplomats.”

Unfortunately, before Dixon could get to the Colosseum, which was some 6,000 miles away across the ocean, he started feeling bad, and decided to return the red pickup truck to the parking lot and its owner, where the police were waiting….

(13) CHEESE FROM OUTER SPACE. [Item by Martin Morse Wooster.] “Mamie Van Doren On The Red Skelton Show S09E30 (5/24/60” on YouTube is a sketch from a 1960 episode of The Red Skelton Show where Mamie Van Doren is the Queen of Outer Space and Peter Lorre is the Galactic Emperor.  They want to destroy the Earth — and the only person who can stop them is Red Skelton’s goofball character  Clem Kadiddlehopper!  Special cameo by Rod Serling.

(14) VIDEO OF THE DAY. In “Honest Game Trailers:  Among Us” Fandom Games reviews a mindless phone game from 2018 that’s for “the attention-deficit gaming community” that “searches for something to keep them busy in this time of isolation.”

[Thanks to Cat Eldridge, Rob Thornton, Mike Kennedy, Martin Morse Wooster, John King Tarpinian, John Hertz, Michael Toman, JJ, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Olav Rokne.]

Noel Rosenberg Sues Crystal Huff

Noel Rosenberg, former President of Arisia, Inc. (2000, 2018) and Arisia convention chair (2002), filed suit against Crystal Huff in Middlesex (MA) Superior Court on September 17 alleging defamation and intentional infliction of emotional distress. Huff published a 6,000+ word statement on October 25, 2018 ending her connections with the convention: “Why I’m Not At Arisia Anymore: My Rapist is President. Again”. Rosenberg says in his complaint:

…Her blog posting also alleged that in addition to raping her, Noel had “stalked,” “harassed” and “intimidated” her. Crystal’s accusations of violent and heinous criminal wrongdoing by Noel are utterly devoid of any basis in reality.

Rosenberg requests a jury trial, with damages in an amount to be determined by the jury (plus interest), plus costs and attorney’s fees.

A complete copy of the complaint can be downloaded here from a website created for the plaintiff: Noel Rosenberg v. Crystal Huff.

At the time it was published, Huff’s statement evoked a strong and immediate response. Two of Arisia 2019’s guests of honor, Daniel Jose Older and Malka Older, dropped out of the convention. Within three days, the Arisia, Inc. Executive Board announced that Noel Rosenberg had been removed as President and permanently banned from the convention. (This was just the beginning of the convention’s problems. Although not involving Rosenberg, Arisia soon received several more statements criticizing their handling of code of conduct violations, and apologies from two former Arisia officers. There followed four resignations from the Arisia eboard.)

Rosenberg’s complaint gives his version of the relationship he had with Crystal Huff from 2007 to 2010, characterizing all of the encounters where it applies as “consensual sexual intercourse.”

He gives his interpretation of what was done about Huff’s charges at the time under Arisia’s Incident Reporting process, or later when it existed the Arisia Incident Response Team (IRT).

He follows a list of salient examples of the allegations in Huff’s blog post with the summary response:

These and other statements set forth in the blog were false, defamatory and literally fabricated. Her accusations of criminal misconduct are defamatory per se.

The blog post is reproduced in full as one of the attached exhibits.

The court’s website indicates Huff has until January 15, 2021 to file her answer to the suit – coincidentally, the same date the next Arisia is scheduled to begin.

Pixel Scroll 9/9/20 The Worm Rider’s Digest

(1) DUNE TRAILER. A trailer dropped for the Denis Villenueve-directed Dune movie.

Beyond fear, destiny awaits.

(2) LIKE SANDS THROUGH AN HOURGLASS. The click industry immediately went to work deciphering the Dune trailer.

The Sandworm

Smartly, the Dune trailer saves the giant Sandworms of the planet Arrakis for the very end. In the reality of Dune, the Sandworms are responsible for the creation of the substance known as “the Spice,” which is basically why anyone wants to be on Arrakis at all. The Spice is created by the Sandworms, and dealing with the worms, and making peace with them is a huge part of what Dune is all about.

It’s unclear which Sandworm scene this is from the book, but the look and scope of the worm feel correct. These are mysterious creatures in the world of Dune, but they are not monsters. In some ways, the Sandworms are the most important characters in Dune, and this Sandworm looks exactly as it should. The Maw of the Sandworms seems a little more refined, but overall, these are the worms we’re looking for.

Water World

What’s an ocean doing in a movie called Dune? The footage of Paul on the shore of a vast sea with starships hovering in the sky takes place on his original home world of Caladan. Their move to Arrakis at the behest of the Emperor is like moving from Scandinavia to the Sahara.

“He thinks he’s going to be sort of a young general studying his father and his leadership of a fighting force before he comes of age, hopefully a decade later, or something like that.” Chalamet said.

Events are moving faster than he expects.

(3) OSCARS ADDING INCLUSION AND DIVERSITY REQUIREMENTS. The Academy of Motion Picture Arts and Sciences on Tuesday published detailed inclusion and diversity guidelines that filmmakers will have to meet in order for their work to be eligible for a best picture Oscar, starting in 2024. Variety has a breakdown of the new rules: “Oscars Announce New Inclusion Requirements for Best Picture Eligibility”.

For the 94th and 95th Oscars ceremonies, scheduled for 2022 and 2023, a film will submit a confidential Academy Inclusion Standards form to be considered for best picture. Beginning in 2024, for the 96th Oscars, a film submitting for best picture will need to meet the inclusion thresholds by meeting two of the four standards.

All other Academy categories will keep their current eligibility requirements. For categories such as animated feature, documentary feature and international feature, that submit for best picture consideration, they will be addressed separately….

Adweek’s summary says:

The body that hands out the Academy Awards on Tuesday published detailed inclusion and diversity guidelines that filmmakers will have to meet in order for their work to be eligible for a best picture Oscar, starting in 2024. (Reuters)

To meet the onscreen representation standard, at least one of the lead actors or a significant supporting actor must be from an underrepresented racial or ethnic group, whether that means Asian, Hispanic, Black, Indigenous, Native American, Middle Eastern, North African, native Hawaiian or other Pacific Islander. (NYT)

Alternatively, a film can meet the standard if at least 30 percent of all actors in secondary and more minor roles are women, from a racial or ethnic group, LGBTQ+, or people with cognitive or physical disabilities or if the film’s main storyline, theme or narrative focuses on one of these groups. (Variety)

Additionally, films seeking consideration must hire diverse creative leadership and department heads, maintain at least 30 percent of crew from the previously mentioned groups, offer paid internships to underrepresented groups, and ensure representation in marketing and distribution. (THR / The Race)

(4) NOT EVEN WITH A MASK. LA County has not entirely cancelled Halloween, only a lot of the activities traditionally associated with it. (Complete guideline here.)

Halloween Activities:

Not Permitted (gatherings and events are not currently allowed under the Health Officer Order)

Halloween gatherings, events or parties with non-household members are not permitted even if they are conducted outdoors.

Carnivals, festivals, live entertainment, and haunted house attractions are not allowed.

Not Recommended

Door to door trick or treating is not recommended because it can be very difficult to maintain proper social distancing on porches and at front doors, ensure that everyone answering or coming to the door is appropriately masked to prevent disease spread, and because sharing food is risky.

“Trunk or treating” where children go from car to car instead of door to door to receive treats is also not recommended, particularly when part of Halloween events, since it is difficult to avoid crowding and sharing food.

(5) HAUNTED DRIVE-THRU. That explains why, here in the land of the drive-in, folks will be able to pay to drive through Haunt ‘O Ween LA.

The experience will last between 25-35 minutes. We recommend guests arrive 10 – 15 minutes prior to their scheduled time slot during peak hours.

  • Pumpkin “Picking” (1 pumpkin per vehicle. Additional pumpkins available for purchase)
  • “Door to Door” Trick or Treating (enough candy for everyone!)
  • Video Op (sent to your email)
  • Immersive Installations (photo friendly environments)

(6) TENET & CO. The Guardian’s Alex Hess wonders “Why so serious? Tenet and the new wave of ‘science-based’ time travel movies” BEWARE SPOILERS.

Back in the good old days, time travel in the movies was a strictly no-strings-attached affair, a straightforward plot device to bewilder a couple of high-school dimwits or dispatch a killer robot on its mission. It was used to spice up action filmsadventure films, even romcoms – the only rule was that it shouldn’t be thought about too hard. The biggest conundrum it might cause was how to fend off the advances of your own unsettlingly attractive mum.

What John David Washington’s secret agent in Tenet wouldn’t give for such trivial problems. He not only needs to save the world from a supervillain armed with nuclear warheads and a time machine, but also get his head around the news that his nemesis can invert an object’s temporal properties at will, thus sending it hurtling backwards through a space-time continuum that is not as linear as he thought. Worse still, so do we….

(7) THE ETERNAL PEDESTRIAN CROSSING. Even Zombies can’t walk forever. “The Walking Dead Officially Ending With Season 11” promises Comicbook.com.

Oops, we lied! Actually, there’s going to be a spinoff.

The Walking Dead is officially ending after its 11th season. Season 11 will be a super sized season, offering the show a 24-episode farewell tour, with its airing beginning in the fall of 2021. The 24-episode run will span the fall of 2021 and the beginning of 2022. It is unclear whether it will be broken into three 8-part segments to two 12-part halves. The AMC zombie show began in 2010 with its premiere episode Days Gone Bye airing on Halloween. In the years which followed, The Walking Dead became a global hit, claiming the #1 spot on cable and spawning several spinoff shows, including two more new series which will follow its conclusion.

… Following the conclusion of the flagship Walking Dead series, a spinoff centered around Norman Reedus as Daryl Dixon and Melissa McBride as Carol Peletier will go into production. The Walking Dead showrunner Angela Kang will run the Daryl/Carol spinoff show. There will also be a Tales From The Walking Dead anthology series which will follow different characters in each episode, exploring pockets of the TWD universe which have been left undiscovered.

(8) SCOOBY ORIGINS. [Item by Martin Morse Wooster.] I thought these paragraphs from Harrison Smith’s obituary for “Scooby-Doo” co-creator Joe Ruby in the Washington Post, “Joe Ruby, TV writer and producer who co-created Scooby-Doo, dies at 87”, would be of interest to Filers.  “Silverman” is a reference to NBC president Fred Silverman. “Spears” is Ruby’s writing partner Ken Spears, Scooby-Doo’s other co-creator.  “Takamoto” is Iwao Takamoto, a Japanese American animator who drew the original sketches for the main characters.

Mr. Ruby said he considered a small, feisty sheepdog character before settling on an oversized, cowardly Great Dane inspired by actor and comedian Bob Hope.  The dog was originally called Too Much–the show was originally called ‘Mysteries Five’–before Silverman said he pushed for raising the character’s profile and renaming him Scooby-Doo, after hearing Frank Sinatra scatting ‘doo-be-doo-be-doo’ on a recording of ‘Strangers in the Night.’…

…Most persistently came questions about Shaggy.  Why did he have the munchies all the time?  Was he, as many viewers speculated, actually a stoner, a marijuana-loving emblem of the drug-infused 1960s?

By all accounts, the answer was no.  Shaggy and Scooby’s constant hunger was simply an attempt by Mr. Ruby and Spears ‘to insert certain idiosyncrasies into their characters,’ the animator Takamoto wrote in a memoir, My Life With A Thousand Characters.

‘And for the record,’ he added, ‘drugs of any kind were anathema to Joe Ruby; he hated them.’

I also learned that the idea for “Scooby-Doo” came from Fred Silverman, who wanted a cartoon like the 1940s radio show “I Love A Mystery” but with kids.

(9) MEDIA BIRTHDAY.

  • September 2013 — Seven years ago this month, Kamala Khan made her first appearance in Captain Marvel #14 before going on to star in the her own series Ms. Marvel, which debuted in February 2014.This Pakistani American Muslim teenager was created by G. Willow Wilson along with editors Sana Amanat and Stephen Wacker, and artists Adrian Alphona and Jamie McKelvie. The first volume of Ms. Marvel would win the Hugo Award for Best Graphic Story at Sasquan in 2015.

(10) TODAY’S BIRTHDAYS.

[Compiled by Cat Eldridge and John Hertz.]

  • Born September 9, 1900 James Hilton. Author of the novel Lost Horizon which was turned into a film, also called Lost Horizon by director Frank Capra. It is best remembered as the origin of Shangri-La. Many claim Lost Horizon is the first American book printed as a paperback but it’s actually Peal S. Buck’s The Good Earth. (Died 1954.) (CE) 
  • Born September 9, 1906 – Aileen Fisher.  A hundred children’s books, some ours.  Nat’l Council of Teachers of English Award for Excellence in Poetry for Children.  Natural history, fiction, poetry, plays; nonfiction including lives of Louisa Alcott, Jeanne D’Arc, Emily Dickinson.  “Poetry is a rhythmical piece of writing that leaves the reader feeling a little richer than before”.  (Died 2002) [JH]
  • Born September 9, 1915 Richard Webb. Captain Midnight on the Captain Midnight series when it began and which ran for two years in the Fifties on CBS. It was called Jet Jackson, Flying Commando when it was syndicated. He played Lieutenant Commander Ben Finney in the “Court Martial” episode of Star Trek. And in the Fifties, he was Lane Carson, the lead investigator in The Invisible Monster. (Died 1993.) (CE)
  • Born September 9, 1922 – Pauline Baynes.  Seventy covers, a hundred eighty interiors, for us; many others.  First to illustrate “Farmer Giles of Ham”; also The Adventures of Tom Bombadil, “Smith of Wootton Major”, other Tolkien including The Lord of the RingsNarniaRichard Adams, Hans Andersen, the Grimms, Kipling; outside our field, Uden’s Dictionary of Chivalry, winning the Greenaway Medal; religious books e.g. King Wenceslaus, the Nicene Creed; magazines e.g. The Illustrated London News.  (Died 2008) [JH]
  • Born September 9, 1929 Joseph Wrzos, 91. He edited Amazing Stories and Fantastic under the name Joseph Ross from August 1965 through early 1967. He was responsible for their move to mostly reprints and a bimonthly schedule while the publisher refused to pay authors for the reprints saying he held the rights to them without needing pay additional renumeration and leading to severe conflict with SFWA. With Hannes Bok, he edited in 2012, Hannes Bok: A Life in Illustration. (CE)
  • Born September 9, 1943 Tom Shippey, 77. Largely known as a Tolkien expert, though I see he wrote a scholarly 21-page introduction to Flights of Eagles, a collection of James Blish work, and under the pseudonym of John Holm, he is also the co-author, with Harry Harrison, of The Hammer and the Cross trilogy of alternate history novels. And early on, he did a lot of SF related non-fiction tomes such as Fiction 2000: Cyberpunk and the Future of Narrative (edited with George Slusser). (CE) 
  • Born September 9, 1946 – Anna Lee Walters, 74.  Pawnee (her mother) / Otoe-Misouria (her father).  Goddard alumna.  American Book Award, Virginia McCormick Scully Award.  Ghost Singer is ours; half a dozen nonfiction books; she is in many anthologies and journals.  [JH]
  • Born September 9, 1952 – Michael Dobson, 68.  Chaired Corflu 36 (fanziners’ con; corflu = mimeograph correction fluid, once indispensable).  Fanzine, Random Jottings (note, “FIAWOL” = Fandom Is A Way Of Life”).Three alternative-history novels (with Douglas Niles).  Nonfiction books may show SF color, e.g. Watergate Considered as an Organization Chart of Semi-Precious Stones.  Timespinner Press has a booklet for each day of the year.  [JH]
  • Born September 9, 1952 Angela Cartwright, 68. Fondly remembered as Penny Robinson on the original Lost in Space. She, like several of her fellow cast members, made an appearance in the Lost in Space film. She appeared in the Logan’s Run series in “The Collectors” episode as Karen, and in Airwolf as Mrs. Cranovich in the “Eruption” episode. (CE) 
  • Born September 9, 1955 Janet Fielding, 65. Tegan Jovanka, companion to the Fifth Doctor. The actress had a rather short performing career starting with the Hammer House of Horror series in 1980 where she was Secretary Mandy on the “Charlie Boy” episode” before landing the the Doctor Who gig through 1984. Her career ended in the early Nineties. She was part of the 2013 50th Anniversary The Five(ish) Doctors Reboot. (CE) 
  • Born September 9, 1958 – Frank Catalano, 62.  Book reviews in Amazing with Buck Coulson.  Half a dozen short stories.  Toastmaster at the first Baycon (i.e. the regional, not the Westercon or Worldcon, with that name) and at Dreamcon 10.  Fan Guest of Honor, Rustycon 4.  Fanzine, Syntactics.  [JH]
  • Born September 9, 1977 – Viktor Martinovich, Ph.D., 43.  (Various romanizations of this Belarusian name.)  Teaches at European Humanist Univ., Vilnius.  Bogdanovich Prize.  Paranoia is ours, I mean his novel by that title (see NY Rev Bks here), also Mova; several others.  [JH]

(11) COMICS SECTION.

(12) SECOND FANDOME. DC Fandome Part 2 takes place September 12. Explore the Multiverse. The schedule is here.

(13) AHH, NATURE! This video suggests the American Museum of Natural History in New York is hosting a Terrible Pun exhibit when its doors reopen this week.

(14) GONE MORE THAN A FORTNITE. Epic Games is still trying to get Apple to reinstate its Fortnite app on iOS devices. Late Friday, the gaming company filed a motion for a preliminary injunction against Apple’s blocking Fortnite on iPhones and iPads. “Epic Games renews legal request to bring Fortnite back to Apple store” at CNN Business.

The injunction brief says that more than 116 million gamers have played Fortnite on iOS, making it the game’s biggest platform, larger than its player base on Nintendo Switch, Xbox, PlayStation, PC or Android.

Filed in the US District Court for the Northern District of California, the motion says, “all Epic seeks is for the Court to stop Apple from retaliating against Epic for daring to challenge Apple’s misconduct.”

In a Saturday statement to CNN Business, Epic said, “today we ask the Court to stop Apple from retaliating against Epic for daring to challenge Apple’s misconduct while our antitrust case proceeds.”

Fortnite has been blocked on iOS since August, when Epic introduced a new way for players to buy in-game currency directly without paying Apple or Google their customary 30% cut of revenue. This move violated both Apple and Google’s app store policies, the tech giants said, and Fortnite was pulled from both iOS and Android devices. Epic then sued both Apple and Google, accusing them of monopolistic practices.

(15) FROM SOMEBODY’S GOLDEN AGE. The Bristol Board has a flock of excellent black & white illustrations by famed sff artist Edd Cartier.

(16) DECIPHERNG THE STICKERS. Kirby Kahler’s article is a neat bit of space history: “Walking through the doors of history: unlocking a space tradition” at The Space Review,

In July 2019, I had the unique opportunity to revisit the astronaut walkout doors at the Neil Armstrong Operations & Checkout Building (O&C) at the Kennedy Space Center for the 50th anniversary of Apollo 11. Fifty years ago, I was one of more than 3,500 journalists trying to get the “money shot” of the Apollo 11 astronaut walkout.

As I balanced on top of my camera case, I took as many pictures of the astronauts as possible as they walked purposely through those double doors before disappearing like magic into the transfer van on the way to the launch pad. I was 17 years old and was covering this historic event for a small Illinois newspaper. It was an experience that will change my life and soul forever. I covered Apollo 15 as well, and that mission was equally as exciting.

For the Apollo 50th reunion at KSC, I also took many photos of the famous astronaut walkout doorway and surrounding area as part of the NASA tour granted to a select group of “old space journalists.” There were no astronauts this time, just memories of the excitement and anticipation of seeing them walking through those iconic doorways. Those brave men and women were heading on the adventures of their lives, and they were taking us all with them.

This article is about investigating the O&C shuttle mission stickers that have been placed on the historic doorway, as noted in the photographs I took of the O&C walkout area. While many stickers seemed easy to identify, I noticed several immediately that could not be easily identified due to weathering and other issues.

(17) GROK AROUND THE CLOCK. Today I learned there is official Heinlein apparel. Shades of the Sixties!

(18) HERE THEY COME TO SAVE THE DAY. [Item by Mike Kennedy.] A group of mice genetically engineered to have greater muscle mass have retained that muscle during a trip to the International Space Station. Their regular, unmodified cousins who also went for the trip lost muscle and bone mass—just as happens for astronauts during their stay in weightlessness. Some of this mouse control group were treated with the “mighty mice” drug upon returning and rebuilt their muscle mass faster than untreated mice. “‘Mighty mice’ stay musclebound in space, boon for astronauts”.

…While encouraged by their findings, the couple said much more work needs to be done before testing the drug on people to build up muscle and bone, without serious side effects.

“We’re years away. But that’s how everything is when you go from mouse to human studies,” Germain-Lee said.

Lee said the experiment pointed out other molecules and signaling pathways worth investigating — “an embarrassment of riches … so many things we’d like to pursue.” His next step: possibly sending more “mighty mice” to the space station for an even longer stay.

(19) SHAT’S BACK. “William Shatner ‘The Thrill Is Gone’ feat. Ritchie Blackmore and Candice Night” on YouTube is a track from Shat’s new album The Blues, which Cleopatra Records will release In October.

[Thanks to JJ, Cat Eldridge, N., Mike Kennedy, Martin Morse Wooster, Michael Toman, John Hertz, John King Tarpinian, Contrarius, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Daniel Dern.]

Pixel Scroll 8/22/20 Unobtainium Glistens Like Chrome In All Of The Federation Parsecs

(1) BRADBURY CENTENNIAL. Here are a few more of the many entries about Ray Bradbury today.

The Martian Chronicles is not a child’s book, but it is an excellent book to give to a child—or to give to the right child, which I flatter myself that I was—because it is a book that is full of awakening. Which means, simply, that when you read it, you can feel parts of your brain clicking on, becoming sensitized to the fact that something is happening here, in this book, with these words, even if you can’t actually communicate to anyone outside of your own head just what that something is. I certainly couldn’t have, in the sixth grade—I simply didn’t have the words. As I recall, I didn’t much try: I just sat there staring down at the final line of the book, with the Martians staring back at me, simply trying to process what I had just read.

The fifth episode of my podcast Bradbury 100 drops today. The theme of the episode is biographies, as my interview guest is Jonathan R. Eller, author of three biographical volumes on Ray: Becoming Ray Bradbury, Ray Bradbury Unbound, and Bradbury Beyond Apollo.

Jon is also the Director of the Center for Ray Bradbury Studies, and has done more than anyone to explore Bradbury’s thinking and authorship.

… Bradbury’s poetic, metaphor-filled prose was not easy to adapt to the screen, which is perhaps why there have been far fewer screen versions of his work than that of, say, Stephen King. But there were still a number of significant adaptations of Bradbury’s work for both the small and big screen, including some that he was directly involved in as a screenwriter….

01 – It Came from Outer Space (1953)

With the exception of a handful of short stories adapted for various early 1950s anthology TV shows, this was the first relatively major film based on Bradbury’s work and still remains one of the finest. Oddly, it wasn’t adapted from a published story but an original screen treatment he developed for director Jack Arnold (Creature from the Black Lagoon). 

In the film (the first sci-fi movie to use a 3D filming process), an alien ship crashes on Earth and its crew makes copies of the local townspeople to gather what they need to effect repairs. The aliens are not hostile, but merely want to fix their ship and leave peacefully. This was an unusual idea for the time — the extraterrestrials in most films from the era were decidedly dangerous — and sets It Came from Outer Space apart as a thoughtful yet still suspenseful piece. 

(2) FROM WAUKEGAN. When she was seven years old, Colleen Abel tells LitHub readers, she took something her grandmother said literally: “Growing Up With Ray Bradbury’s Ghost in Waukegan, Illinois”.

…Bradbury, intoning gravely over shots of the artefacts: People ask, Where do you get your ideas? Well, right here. As the camera pans, Bradbury says, Somewhere in this room is an African veldt. Beyond that, the small Illinois town where I grew up. He sits at a typewriter and the keys clatter. One night, watching these credits, my grandmother said to me, “You know, he’s from here.” She meant, of course, from Waukegan, “that small Illinois town” where he grew up and where we sat now in her neighborhood of tiny homes called The Gardens. But I, at age seven, thought she meant here, here in the house we sat in, that he had grown up in the house, perhaps even still lived in the basement which resembled, in its murk and books and clutter, the same office Bradbury sat down to write in during the opening credits of his tv show.

It wouldn’t be a bad premise for a Bradbury story: a young girl, bookish and morbid, discovers an author living in her grandmother’s musty basement. And in a way, he was there. My father’s old room was part of that basement, still set up the way it had been when he lived there, commuting to college and working part-time at a bookstore. One room was floor to ceiling bookshelves and by the time I was in junior high school, I would go down there regularly and pick something out to read. Most of the books were yellowed and falling apart, their covers marked with their original prices: fifteen cents. Among these were a few volumes of Bradbury’s short stories. I would pick one, often The Illustrated Man, and take it back upstairs to the velour armchair and settle in.

(3) “IN AN ATOMIC NUTSHELL.” First Fandom Experience dramatizes young Ray’s fanzine article: “In 1940, Ray Bradbury Asked, ‘Are You Ad Conditioned?’”

The latest video from First Fandom Experience brings to life a three-page screed by a young Ray Bradbury addressing the issue of the incongruous and annoying ads in pulp magazines.

The piece appeared in the Spring 1940 issue of Sweetness and Light, an edgy, satirical fanzine from a faction of the Los Angeles Science Fantasy Society. A full reading of the piece is presented along with historical context and a selection of the offending advertisements. Enjoy!

(4) PIXEL BUDS. Plainly, it’s our duty here to signal boost the review of a product by this name: “Thoughts on Pixel Buds 2: The Buddening” by John Scalzi at Whatever.

1. To begin, they look pretty cool. Like the first generation, they come in their own little charging case, and when they’re nestled in there and the top is flipped open (which is a solidly satisfying tactile experience, by the way), it looks for all the world like a cute little robot with bug eyes (at least in the orange variant).

(5) WEREWOLF. THERE COURTHOUSE. “George R.R. Martin files lawsuit over film rights to a werewolf novella”: the LA Times has the news.

Game of Thrones” author George R.R. Martin has filed a lawsuit over the film rights to his werewolf novella “The Skin Trade.”

According to the complaint, filed with the Los Angeles Superior Court on Wednesday, Mike The Pike Productions was granted an option to the film rights of Martin’s novella in 2009. The company subsequently assigned the option to Blackstone Manor, LLC., the named defendants.

Described as a “werewolf noir,” “The Skin Trade” was originally published in 1988 as part of “Night Visions 5,” a horror anthology that also included stories by Stephen King and Dan Simmons. The story follows Randi Wade, a private investigator who is looking into a series of brutal killings in her small town, which eventually leads to her learning about werewolves and other demons. The story won a World Fantasy Award in 1989.

According to the complaint, Blackstone exercised the option on Sept. 2, 2014, and, per the 2009 agreement, it had five years to start principal photography before the rights reverted to Martin.

The complaint alleges that Blackstone “hastily assembl[ed] a barebones cast and crew” a day before the 2019 deadline “to shoot a handful of scenes” for no other reason than to maintain the appearance that it was making the progress necessary to retain the rights. Martin says the “token” production was “insufficient,” comparing the move to a contractor hurriedly building a gazebo in lieu of the agreed-upon skyscraper when faced with a deadline…

(6) WW84. DC dropped a new trailer for Wonder Woman 1984 at the DC Fandome event.

Fast forward to the 1980s as Wonder Woman’s next big screen adventure finds her facing two all-new foes: Max Lord and The Cheetah. With director Patty Jenkins back at the helm and Gal Gadot returning in the title role, “Wonder Woman 1984” is Warner Bros. Pictures’ follow up to the DC Super Hero’s first outing, 2017’s record-breaking “Wonder Woman,” which took in $822 million at the worldwide box office. The film also stars Chris Pine as Steve Trevor, Kristen Wiig as The Cheetah, Pedro Pascal as Max Lord, Robin Wright as Antiope, and Connie Nielsen as Hippolyta.

(7) LEFT IN THE SILO. Nicholas Whyte, CoNZealand’s Deputy Hugo Administrator, in “The 1945 Retros that weren’t”, runs the numbers to show why various categories did not make the final ballot.

We didn’t publish the full stats for the 1945 Retro Hugo categories that weren’t put to the final ballot this year, mainly because voting ended only seven days before the Retro ceremony and we had to prioritise fairly ruthlessly.

But after internal discussion, we are publishing them here….

(8) THE SLUSHPILE’S MY DESTINATION. DreamForge Magazine returns with further explanations: “Why We Didn’t Buy Your Story, Part 2”.

What are the numbers again? This time we received over 600 works from hopeful contributors. At a guess, over 2 million words of fiction.

The majority of those writers really tried to send us something they thought we could use. For instance, we’re not a horror magazine. People knew that and sent very little horror. We didn’t get much in the way of apocalyptic dystopia either. Sex and swearing were at a minimum, yet people also recognized we’re not a children’s magazine nor specifically aimed at the young adult market.

By and large, the stories contained hopeful themes, big ideas and presented worlds filled with diversity, empathy, heroism, and hope.

I don’t have the exact numbers, but we read a lot of good stories. Let’s say 25% were “good to excellent.” It could be more. Conservatively, that would be over half a million words.

At $0.06/word, that’s over $30,000 (if we were able to buy all those good stories). While we do a good job of making DreamForge look big-time, that’s more than our annual budget for everything related to the magazine. And if we could somehow invest in all those stories, they would fill our pages for the next 3-4 years.

Second, creating an issue of a magazine is not just about selecting great stories. It’s about creating a reading experience. Think of it as a variety show. If all the stories are literary, philosophical, message pieces with troubled characters navigating complex plots, our readers aren’t going to make it through the whole issue.

Some stories are challenging, and they require a clear head and concentration before delivering a payoff in emotion or thoughtful meaning. And honestly, I don’t want to read those at 11:30 pm after a long day when I open a magazine for a few minutes of relaxation. I check the Table of Contents for a short story that looks light and easy to get through…

(9) ANGUS BUCHANAN OBITUARY. Industrial archaeologist and biographer Angus Buchanan died June 17. He is profiled in The Guardian. There’s a kind of steampunk sensibility to the topic.

Engineers shape economies, landscapes and how people work and live in them. Yet in the past their achievements were little celebrated. Angus Buchanan, who has died aged 90, did much to increase awareness of their endeavours and breakthroughs.

The appearance of his book Industrial Archaeology in Britain as a Pelican Original in 1972 marked a significant step forward for an emerging discipline. It supplied the crucial link between the development of industrial archaeology at regional and national levels in Britain, leading to the conservation, restoration and reuse of buildings, sites and engineering that might otherwise have been lost.

…The culmination of Buchanan’s research came with Brunel: The Life and Times of Isambard Kingdom Brunel (2002). In building the Great Western Railway and important bridges, tunnels and dockyards, the great Victorian engineer changed the face of the British landscape. Innovations at sea included the SS Great Britain, the first screw-driven iron transatlantic steamship, and his designs revolutionised modern engineering.

The biography provided the first fully documented and objective account, placing Brunel’s significance in a historical context. The desire to avoid concentrating on familiar incidents and the legends surrounding them led Buchanan to a thematic approach rather than a chronology, covering Brunel’s overseas projects and professional practices, and the politics and society within which he functioned, as well as familiar subjects, among them his other major ship, the SS Great Eastern.

The [Bristol Industrial Archeology Society] BIAS had a major influence on the preservation of Bristol’s city docks, thwarting traffic planners who wished to build a major road complex across them. In 1970 the Great Britain was returned from the Falklands to the dry dock where it had been built in 1843, and it is now a popular tourist attraction; nearby is another of Brunel’s masterpieces, the Clifton suspension bridge.

(10) MEDIA BIRTHDAY.

  • August 22, 1957 X Minus One’s “Drop Dead” first aired. Based off of Clifford D. Simak‘s story of that name which was first published in Galaxy Science Fiction in July of 1956,  it’s a superb tale about a planet with a very obliging inhabitant called The Critter and how it serves the astronauts who land there. The radio script was by Ernest Kinoy with the cast being Lawson Zerbe, Ralph Camargo and Joseph Bell.  You can listen to it here.

(11) TODAY’S BIRTHDAYS.

[Compiled by Cat Eldridge and John Hertz.]

  • Born August 22, 1880 – George Herriman.  Wrote the immortal and so far unique comic strip Krazy Kat; also illustrated Don Marquis’ poetical tales of Archy and Mehitabel a cockroach and another cat.  Krazy sometimes seems male, sometimes female, which hardly matters; is endlessly the target of bricks thrown by Ignatz Mouse, taking them as a sign of affection; is the subject of protection by Officer Pupp, to whom they are merely illegal.  Other characters, equally unlikely, are also animals (including birds), whom anthropomorphic is equally inadequate for.  Nor does dialectal justly describe the language, nor surreal the landscape.  Here is the theme.  Here is a variation.  Here is an elaboration.  (Died 1944) [JH]
  • Born August 22, 1919 Douglas W F Mayer. A British fan who was editor for  three issues of Amateur Science Stories published by the Science Fiction Association of Leeds, England. He was thereby the publisher of Arthur C. Clarke’s very first short story, “Travel by Wire”, which appeared in the second issue in December 1937. He would later edit the Tomorrow fanzine which would be nominated for the 1939 Best Fanzine Retro Hugo. (Died 1976.) (CE)
  • Born August 22, 1920 Ray Bradbury. So what’s your favorite work by him? I have three. Something Wicked This Way Comes is the one I reread quite a bit with The Illustrated Man and The Martian Chronicles being my other go to regularly works by him. (Died 2012.) (CE) 
  • Born August 22, 1925 Honor Blackman. Best known for the roles of Cathy Gale in The Avengers, Bond girl Pussy Galore in Goldfinger and Hera in Jason and the Argonauts. She was also Professor Lasky in “Terror of the Vervoids” in the Sixth Doctor’s “The Trial of a Time Lord”. Genre adjacent, she was in the film of Agatha Christie’s The Secret Adversary as Rita Vandemeyer. (Died 2020.) (CE) 
  • Born August 22, 1945 David Chase, 75. He’s here today mainly because he wrote nine episodes including the “Kolchak: Demon and the Mummy” telefilm of Kolchak: The Night Stalker. He also wrote the screenplay for The Grave of The Vampire, and one for Alfred Hitchcock Presents, “Enough Rope fur Two”, which he also directed. (CE) 
  • Born August 22, 1946 – Rafi Zabor, 74 Seldom does work from outside our field wholly engage with our spirit.  But The Bear Comes Home is superb.  Naturally we ignore it.  It does have explicit sexual activity, not gratuitous.  In a year when Earthquake Weather could not reach the ballot, of course The Bear could not muster even 5% of the nominations.  Don’t let that stop you now.  [JH]
  • Born August 22, 1948 – Susan Wood.  Her we do recognize.  Met Mike Glicksohn at Boskone 4, 1969; Energumen together to 1973, Hugo as Best Fanzine its last year; both Fan Guests of Honour at Aussiecon (in retrospect Aussiecon One) the 33rd Worldcon though marriage gone.  Three Hugos for SW as Best Fanwriter; Best of SW (J. Kaufman ed.) 1982.  Taught at U. British Columbia; Vancouver editor, Pac. NW Rev. Books.  Atheling Award, Aurora Award for Lifetime Achievement, Canadian SF Hall of Fame.  One Ditmar.  (Died 1980) [JH]
  • Born August 22, 1952 – Chuck Rothman, 68.  Two novels (Atlanta Nights with many co-authors was –), fifty shorter stories.  Interviewed in Flash Fiction Online Nov 15.  Movie-TV-music blog Great but Forgotten.  Einstein and CR’s grandfather.  [JH]
  • Born August 22, 1954 – Gavin Claypool, 66.  Los Angeles area actifan.  LASFS (L.A. Science Fantasy Society) Librarian.  Won LASFS Evans-Freehafer service award twice; only five people have ever done so.  Reliably helpful to others e.g. at SF cons.  [JH]
  • Born August 22, 1955 Will Shetterly, 65. Of his novels, I recommend his two Borderland novels, Elsewhere and Nevernever, which were both nominees for the Mythopoeic Fantasy Award for Children’s Literature, and his sort of biographical Dogland. Married to Emma Bull, they did a trailer for her War for The Oaks novel which is worth seeing as you’ll spot Minnesota fans in it. And Emma as the Elf Queen is definitely something to behold! (CE)
  • Born August 22, 1963 Tori Amos, 57. One of Gaiman’s favorite musicians, so it’s appropriate that she penned two essays, the afterword to “Death” in Sandman: Book of Dreams, and the Introduction to “Death” in The High Cost of Living. Although created before they ever met, Delirium from The Sandman series is based on her. (CE)
  • Born August 22, 1964 – Diane Setterfield, Ph.D., 56.  Three novels.  The Thirteenth Tale sold three million copies (NY Times Best Seller), televised on BBC2.  “A reader first, a writer second….  The practice of weekly translation from my undergraduate years [her Ph.D., from U. Bristol, was on André Gide] has become an everyday working tool for me: when a sentence doesn’t run the way I want it to, I habitually translate it into French and retranslate it back into English.  It’s like switching a light on in a dim room: suddenly I can see what’s not working and why.”  [JH]

(12) COMICS SECTION.

(13) SUICIDE SQUAD ROLL CALL. Adam B. Vary, in the Variety story “‘The Suicide Squad’ First Look, Full Cast Revealed by Director James Gunn at DC FanDome” says that director James Gunn revealed at DC Fandome that the cast of The Suicide Squad, coming out in April 2021, includes Margot Robbie and Viola Davis from the 2016 film Suicide Squad but also Nathan Fillion, John Cena, and Peter Capaldi as “The Thinker,” a DC villain from the 1940s.  Principal photography was completed before the pandemic hit and the film is completed and ready to go.

… Among the new cast, Gunn said that he reached deep into the DC Comics canon to find a motley crew of villains to populate the movie, and it appears he brought some invention of his own to the project as well.

(14) A LEAGUE OF HIS OWN. “DC FanDome: Snyder Cut of Justice League to be four hours” at Lyles Movie Files.

…A big question was how the Snyder Cut would get released in HBO MAX. Snyder revealed it will be split into four one-hour segments.

Snyder then teased an entire full uninterrupted version as well with maybe the possibility of a solo purchase version.

(15) SOME CELESTIAL OBJECTS WILL BE RENAMED. “NASA to Reexamine Nicknames for Cosmic Objects”. The full statement is at the link.

Distant cosmic objects such as planets, galaxies, and nebulae are sometimes referred to by the scientific community with unofficial nicknames. As the scientific community works to identify and address systemic discrimination and inequality in all aspects of the field, it has become clear that certain cosmic nicknames are not only insensitive, but can be actively harmful. NASA is examining its use of unofficial terminology for cosmic objects as part of its commitment to diversity, equity, and inclusion. 

As an initial step, NASA will no longer refer to planetary nebula NGC 2392, the glowing remains of a Sun-like star that is blowing off its outer layers at the end of its life, as the “Eskimo Nebula.” “Eskimo” is widely viewed as a colonial term with a racist history, imposed on the indigenous people of Arctic regions. Most official documents have moved away from its use. NASA will also no longer use the term “Siamese Twins Galaxy” to refer to NGC 4567 and NGC 4568, a pair of spiral galaxies found in the Virgo Galaxy Cluster. Moving forward, NASA will use only the official, International Astronomical Union designations in cases where nicknames are inappropriate. 

…Nicknames are often more approachable and public-friendly than official names for cosmic objects, such as Barnard 33, whose nickname “the Horsehead Nebula” invokes its appearance. But often seemingly innocuous nicknames can be harmful and detract from the science. 

The Agency will be working with diversity, inclusion, and equity experts in the astronomical and physical sciences to provide guidance and recommendations for other nicknames and terms for review….

(16) HONEST GAME TRAILERS. [Item by Martin Morse Wooster.] Fandom Games asks in this Honest Game Trailer, “Destroy All Humans”, since alien invasion is “the only box left on the 2020 bingo card” why not enjoy this 2005 game where you’re an alien mowing down humans and giving bad Jack Nicholson impressions?

[Thanks to Mike Kennedy, John Hertz, Cat Eldridge, JJ, Martin Morse Wooster, Michael Toman, Andrew Porter, and John King Tarpinian for some of these stories. Title credit goes to File 770 contributing editor of the day Kip W.]

Pixel Scroll 8/20/20 The Pixel Came Back From Nothing At Scroll

(1) NASFIC FAN FUND AUCTION. Michael J. Lowrey makes a last-minute appeal: We still need items for auction pretty desperately: books, fanzines, tuckerizations, fannish memorabilia, whatever, for the Virtual FanFund Auction at the virtual NASFIC on Facebook.” Post items there. The auction starts Friday. Lowrey says — 

An auction item post should include the following:

Item Name
Description
Minimum Bid

Please note that if your Fan Fund Auction Donation requires shipping, you are expected to pay for that shipping as an additional donation. If you wish to restrict shipping to your home country, say so up front.

This is a Silent Fan Fund Auction, to be held on behalf of TAFF (the Trans-Atlantic Fan Fund, http://taff.org.uk/), GUFF (the Get Up-and-over Fan Fund, https://taff.org.uk/guff.html), DUFF (the Down Under Fan Fund, https://downunderfanfund.wordpress.com/), and LAFF (The Latin American Fan Fund). These funds serve to enable fans to travel to other countries and continents to attend their major conventions and meet the local fans, people they may know only from letter columns, email, or chatty websites. And to get it all done, the funds depend on contributions of fans like you… and, of course, benefit auctions.

This is your chance to pick up any number of interesting things… art, books, fanzines, pulp magazines, t-shirts, things that somehow involve cats… the opportunity to be “Tuckerized” into a work of fiction… or other peculiar or “fannish” stuff.

Donations for the fan fund auction will be accepted via posts to this event, and we also accept monetary donations via paypal to n.a.taff.2020@gmail.com. If you would like the proceeds from your auction donation to go to a particular fan fund, indicate that in your post. The proceeds from donations without designations will be evenly split between the fan funds.

(2) SHIELDS UP. [Item by Martin Morse Wooster.] Chris Lindahl, in the Indiewire story “Embroiled In A Legal Battle, Nichelle Nichols’ Family Seeks GoFundMe Help For Star Trek Icon”, says that Nichols’s son, Kyle Johnson, is suing her manager, Gilbert Bell, saying that Bell is taking advantage of Nichols’s infirmity to abuse her fortune.  Nichols was diagnosed with dementia in 2013 and had a stroke in 2015.  The GoFundMe campaign which has raised $64,760 of its $100,000 goal is under “Shields Up Nichelle Nichols.”

Now allegedly suffering from dementia, Nichelle Nichols, 87, who played Uhura on the original “Star Trek” in the late 1960s, is embroiled in an ongoing legal battle involving her manager, Gilbert Bell. Alleging Bell took advantage of Nichols over the last decade, Nichols’ family has taken to GoFundMe to help raise money for the icon’s legal battle.

The most recent court action came earlier this month, when Kyle Johnson, Nichols’ son, filed a cross complaint against Bell. The complaint is in response to a 2019 lawsuit filed by Bell against Johnson, where Bell alleges that it is Johnson’s actions that are harming Nichols — while Bell has always had her best interests in mind.

Johnson has denied Bell’s allegations of wrongdoing against him. Bell has not yet responded in court to Johnson’s allegations. IndieWire has reached out to lawyers for Johnson, Bell, and a representative for Nichols….

(3) THE CAISSONS KEEP ROLLING ALONG. I would like to contest the claim in Steve Davidson’s title “The Science Fiction Cannon is Not a Thing; Canon is.”

…There’s also the contention that Science Fiction is a continuum, an on-going, centuries old dialogue of call and response, writers reacting to published works and offering up variations, counter-arguments, expansions in response. “We stand on the shoulders of giants” is an expression often used to acknowledge that without the work perfomed by previous generations of authors, editors, publishers, artists and fans, contemporary SF would not be where it is today.

That latter is often negatively receieved these days, and it shouldn’t be. Much is made about contemporary SF rejecting the all white heterosexual european male colonialist based SF of the 40s, 50s and 60s – but of course without the existence of such a body of work, there would be nothing to react to or reject. Call it a benign correction as the field expands to incorporate diverse voices or call it a war against patriarchy, in both estimations there is something that is being addressed and re-evaluated (if not pushed back against and excoriated).

Is there an SF Canon? Yes. But is it a moving scale? Is it inviolate? Is it mandatory?

No, no and no.

(4) CASTING THE CANON. And Doris V. Sutherland cannot resist trying to answer the question for another genre, “What is the Horror Canon?”

…Picture a bookshelf, completely empty and ready to have a tidy set of volumes lined up on it. Now imagine that someone has decided to fill it with the canonical works of horror literature. What would they start with? Frankenstein and Dracula would be obvious choices. These may well be followed with reasonably-sized collections of Poe and Lovecraft stories. Next, let’s add the complete ghost stories of M. R. James.

Now pause for thought. That’s five books – and already we’ve covered a pretty substantial chunk of the most influential horror fiction in the English language. Regardless of what else we put on the shelf – and it’s easy enough to think of further titles, from The Strange Case of Dr. Jekyll and Mr. Hyde to The Exorcist – it’s hard to deny that those above five books will cover a pretty big percentage of whatever horror canon we end up with.

Now try to imagine a bookshelf with the science fiction canon. It’s a taller order: off the top of my head, we’d have at least four books if we wanted to represent Isaac Asimov alone (I, Robot and the Foundation trilogy). When we factor in Verne, Wells, Heinlein, Clarke, Bester, Ellison, Le Guin… well, let’s just say we’re going to end up with more than five books.

So, the horror canon is smaller than the science fiction canon – or, to phrase that differently, more tightly-focused. Thinking about it, this makes sense. Horror is a genre where less is more – look at how many classics of horror fiction are short stories rather than novels, for one. And when I look back at our hypothetical bookshelf of canonical horror, I have to wonder if those books might be better described not as a horror canon, but as a set of horror archetypes.

(5) SPIRITUAL FORMATION. John Scalzi enters the confessional at Whatever and gets it all off his chest: “Okay, Sure, It’s My Fault Science Fiction is the Way It Is Right Now”.

The dimwitted bigot brigade finally came across my piece about the Science Fiction canon from a couple of weeks ago and had a predictable spasm about it, asserting how it was evidence that (I’m paraphrasing from various sources, here) a) science fiction and fantasy was dying, b) traditional publishing (the sf/f parts of it anyway) is dying too, c) I’m responsible in some measure for a) and b), despite d) the fact that apparently I don’t actually sell and/or only sell through byzantine sleight of hand by the publishing industry for reasons and also e) I suck, f) which is why I don’t want people to read older works because then they would realize that, and while we’re at it g) modern sf/f is infested with terrible work from people who aren’t straight white dudes, h) which I, a straight white dude, am also somehow responsible for, and so in short, i) everything is my fault, and j) I am simultaneously a nobody and also history’s worst monster.

It’s a lot! I think it must be tiring to be a dimwitted bigot, thinking about me….

(6) I’M BATMAN. Will there be as many of them as there were of Spartacus? Yahoo! Entertainment reports “Ben Affleck To Return As Batman In Upcoming ‘Flash’ Movie That Also Will Feature Michael Keaton As Dark Knight”.

…Affleck reportedly got the script for The Flash at the end of last week and agreed to board the project.

“He’s a very substantial part of the emotional impact of the movie. The interaction and relationship between Barry and Affleck’s Wayne will bring an emotional level that we haven’t seen before,” Muschietti tells Vanity Fair who broke the news. “It’s Barry’s movie, it’s Barry’s story, but their characters are more related than we think. They both lost their mothers to murder, and that’s one of the emotional vessels of the movie. That’s where the Affleck Batman kicks in.”

Another reason feature mythology-wise why Affleck’s Batman is coming back to The Flash, and that’s that Miller’s Flash considers him to be the original Dark Knight, the guy he fought alongside in Justice League. Hence, per Muschietti, it was necessary to have Affleck’s Batman as a starting point: “He’s the baseline. He’s part of that unaltered state before we jump into Barry’s adventure…There’s a familiarity there,” he further tells Vanity Fair.

(7) STORYBUNDLE. Available for the next three weeks: The Exclusive Dark Fantasy and SF Bundle – Curated by Douglas Smith.

2020 has been a scary year. Like some dark fantasy or horror story. Or a dystopian tale about the end of the world.

Why not embrace that spirit? Show this year from hell that you can take whatever it dishes out, because you know what dark fantasies and horror stories are really like. And you’ve seen more ends of the world than 2020 could even dream of.

…Read about curses and ghosts, about Norse gods on the Canadian prairies and what happens after Ragnarök and the end of the world. Read how life on Earth may end if we don’t stop killing our planet. Read twenty-one tales of personal apocalypses (because someone’s world is always ending), and stories from a very special and very strange bookstore. Read about post-human biopunk and day-after-tomorrow climate change adventure. Read about the boy who is either a scrawny, bullied, neglected son of insane parents or the imprisoned leader of a death cult dedicated to the goddess of discord.

…For StoryBundle, you decide what price you want to pay. For $5 (or more, if you’re feeling generous), you’ll get the basic bundle of four books in any ebook format—WORLDWIDE.

  • Picking Up the Ghost by Tone Milazzo
  • Wasps at the Speed of Sound by Derryl Murphy
  • The Door to Lost Pages by Claude Lalumière
  • Tombstone Blues by Chadwick Ginther

If you pay at least the bonus price of just $15, you get all four of the regular books, plus SEVEN more books, for a total of eleven!

  • Bullettime by Nick Mamatas
  • It’s Not the End and Other Lies by Matt Moore
  • Chimerascope by Douglas Smith
  • Over the Darkened Landscape by Derryl Murphy
  • Objects of Worship by Claude Lalumière
  • Too Far Gone by Chadwick Ginther
  • Wikiworld by Paul Di Filippo.

(8) DESEGREGATION DRAMATIZED. Series developers include Black Panther’s lead actor and the creator of The Orville: “Chadwick Boseman, Seth MacFarlane, Eisa Davis team up to develop series about Little Rock Nine”THV11 has the story.

Chadwick Boseman and Seth MacFarlane are teaming up with Eisa Davis to develop a drama based on the Little Rock Nine’s efforts to end racial segregation at Central High School in 1957.

Deadline reported the three will work on developing the project, based on Carlotta Walls LaNier’s memoir A Mighty Long Way: My Journey to Justice at Little Rock Central High.

The series will look at the desegregation of the high school and how 14-year-old LaNier and eight other students became the first Black people to attend the all-white school.

In a landmark decision, the U.S. Supreme Court ruled in 1954 that segregated schools were unconstitutional and called for the integration of all schools.

The nine students, along with Daisy Bates, became civil rights icons as they risked their lives to combat the racist school segregation policies in Arkansas.

(9) MEDIA ANNIVERSARY.

  • This week in 1950Dimension X aired a story out of Ray Bradbury’s The Martian Chronicles in which a Martian named Eala dreams of a visitor from a planet, Earth, where they know life is impossible. This episode was unusual in that Bradbury hosted it instead of the usual Dimension X host. The story was later renamed “Ylla” which is considered the canonical title for this story but it was first published as “I’ll Not Ask for Wine” in Maclean’s, January 1, 1950. Listen here.

(10) TODAY’S BIRTHDAYS.

[Compiled by Cat Eldridge and John Hertz.]

  • Born August 20, 1883 Austin Tappan Wright. Did you know that Islandia wasn’t published when he was alive? His widow edited his fifteen hundred page manuscript for publication, and following her own death in 1937 their daughter Sylvia further edited and cut the text yet more; the resulting novel, shorn of Wright’s appendices, was published in 1942, along with a pamphlet by Basil Davenport, An introduction to Islandia; its history, customs, laws, language, and geography, based on the original supplementary material. Is there a full, unedited version? (Died 1931.) (CE)
  • Born August 20, 1906 – Sheila Hawkins.  Wrote and illustrated fifty children’s books in the United Kingdom and Australia, many with animals, many fantastic.  Here is The Singing Chameleon.  Here is Taliesin.  Here is an interior for Long Ears.  Here is Wish and the Magic Nut, which won Picture Book of the Year.  Also landscapes and abstracts.  (Died 1999) [JH]
  • Born August 20, 1909 André Morell. Best remembered as Professor Bernard Quatermass in the Quatermass and the Pit series, and as Doctor Watson in the Hammer Film Productions version of The Hound of the Baskervilles which is quite excellent.  It’s also worth noting that he played O’Brien in BBC’s 1954 Nineteen Eighty-Four, opposite Peter Cushing as Winston Smith. (Died 1978.) (CE)
  • Born August 20, 1915 – Arthur Porges.  For us a hundred short stories, some under other names; half a dozen posthumous collections.  Many more for others e.g. detective fiction.  Translated into Croatian, Dutch, French, German, Italian, Japanese, Russian, Serbian, Spanish.  Here he is on the cover of the Sep 60 Fantastic (i.e. his story “The Shadowsmith”; cover artwork by John Duillo).  This Website is about AP and his brother Irwin.  (Died 2006) [JH]
  • Born August 20, 1942 – Joe Mayhew, F.N.  One of our finest fanartists; two Hugos for that.  Five short stories published, in AberrationsAboriginal, and Tomorrow; a score of reviews in Absolute Magnitude, more in the Washington Post.  A hundred seventy drawings in Asimov’sFlagFOSFAXThe Frozen FrogIt Goes on the ShelfJourney PlanetMimosaNY Rev. of SFPLOKTASquiggeldy HoyVojo de Vivo; various Worldcon and other con publications.  Radio-style plays for Disclaves and Boskones.  Fellow of NESFA (New England SF Ass’n; service award).  Chaired the 1987 Disclave.  Library of Congress Recommending Officer for SF.  Fan Guest of Honor at Novacon II, Albacon 3; Ghost of Honor at Capclave 2001, Balticon 49.  Here is his cover for the Nov 98 WSFA Journal (Washington, D.C., SF Ass’n).  Here is an illustration from Mimosa 17.  (Died 2000) [JH] 
  • Born August 20, 1943 Sylvester McCoy, 77. The Seventh Doctor and the last canon Doctor until the modern era of the official BBC Doctors when they revised canon. He also played Radagast in Peter Jackson’s Hobbit films, he’s The Old Man of Hoy in Sense8 and he voices Aezethril the Wizard in the “Endgame” episode of Thunderbirds Are Go.  (CE)
  • Born August 20, 1951 Greg Bear, 69. Blood Music which won both a Nebula Award for Best Novelette and a Hugo Award at L.A. Con II for Best Novelette is an amazing read. I’m also very fond of the Songs of Earth and Power duology, The Infinity Concerto and The Serpent Mage, and found his Queen of Angels a fascinating mystery. I confess that I’ve not read him over the past few decades. What’s he done as of late that I should consider reading? (CE) 
  • Born August 20, 1961 Greg Egan, 59. Australian writer who exists though he does his damnedest to avoid a digital footprint. His excellent Permutation City won the John W. Campbell Memorial Award  and “Oceanic” garnered a Best Novella Hugo at Ausiecon Three. I assume he wasn’t there given his stance against attending Worldcons? (CE) 
  • Born August 20, 1961 – Jim Clemens, 59.  Three dozen novels for us, half a dozen shorter stories, some with Rebecca Cantrell; action-adventure books under another name, some with Grant Blackwood; certified SCUBA (Self-Contained Underwater Breathing Apparatus) diver; Doctor of Veterinary Medicine under yet another name – if he wants to keep these careers separate, why shouldn’t we?  Translated into Dutch, French, German, Italian.  [JH]
  • Born August 20, 1962 Sophie Aldred, 58. She’s Ace, the Seventh Doctor’s Companion. (By the way Doctor Who Magazine: Costume Design: Dressing the Doctor from William Hartnell to Jodie Whittaker is a brilliant read and has a nice look at her costuming.) She’s reprised the role in the Big Finish audio adventures. (CE)
  • Born August 20, 1969 – Christina Diaz Gonzalez, 51. Three novels for us, three others.  Many awards for historical fiction The Red Umbrella (also in Spanish).  Born in Florida to Cuban parents.  Took a law degree, practiced law awhile.  Lives in Miami with husband, sons, a dog that can open doors.  [JH]
  • Born August 2, 1972 – Carolyn Cohagen, 48.  Four novels.  Conducts Girls With Pens, creative writing for girls 8-14.  Earlier, a stand-up comic in New York, Chicago, London, Amsterdam; studied physical theater at École international de théâtre Jacques Lecoq, Paris.  Ranks The Phantom Tollbooth about the same as Slaughterhouse-Five.  [JH]

(11) COMICS SECTON.

(12) HORRIBLE EXAMPLES. Earlier this month Titan Comics was handed a golden opportunity to publicize their collection of The Best of Hägar The Horrible by Dik Browne.

Joe Biden recently announced his choice of Kamala Harris as running mate, and in the official photograph by Adam Schultz also revealed that he keeps a framed cartoon strip on his desk – from Titan’s own Hägar the Horrible!

Bleeding Cool reported on the story, as well as quoting Biden saying that the strip had helped him through personal tragedies by reminding him “a lot of people are going through a lot worse than you’re going through, and the way they get through it is … they have people reach out, touch them, give them solace.”

This is the strip on Biden’s desk:

And here are some other examples Titan shared in its press kit, several with genre jokes.

(13) NINETEEN MINUTES OF FAME. At least, the nineteen-minute mark is where fame summons James Davis Nicoll in Isaac Arthur’s video The Fermi Paradox: Galactic Disasters. James notes, “He mispronounced my name but I am the Nicoll in Nicoll-Dyson Laser, which can reduce an Earth-sized world to vapour in a week at distances of up to a million light years.”

If anything, this video makes Cixin Liu’s Death’s End sound too cheerful.

(14) THE NAME OF MY LAST BAND. Just released on YouTube today — Live From the Space Stage: A HALYX Story is a full-length documentary.

For one glorious summer, an experimental, sci-fi band rocked Disneyland’s space stage. With a bass-playing Wookiee and an acrobatic frog, the band’s existence is nearly unbelievable, and the story behind its creation is just as incredible.

(15) TIME TO BREAK INTO THE PIGGY BANK. At Heritage Auctions, bidding is up to $180,000 for Frank Frazetta A Princess of Mars Painting Original Art (1970).

Possibly the most famous of all of the John Carter of Mars covers by Frazetta, the artist actually painted two versions in 1970, with the first being published as a Doubleday hardback dustjacket cover. Fearing that the original art would not be returned from the publisher, Frazetta immediately painted a version for himself – the stellar painting we’re offering – since he was so proud of the image. Frazetta personally related to Joe and Nadia Mannarino (see below), and presumably others, that he loved this second painting even more than the original (which he actually sold in the early 1970s). We’re showing the two paintings side-by-side online for review. Regardless of which version you prefer, both represent the quintessential heroic fantasy image, with the bold, strong hero, the voluptuous female at his legs, and surrounded by a dangerous alien environment.

(16) THE DOCTOR’S MONSTER. BBC shares some “Surprising secrets of writers’ first book drafts”.

…When Frankenstein first appeared in print in 1818, anonymously but with a preface by Percy Bysshe Shelley, plenty of readers assumed that the poet was its author. In Mary Shelley’s introduction to the 1831 edition, she wrote that people had asked her “how a young girl, came to think of, and to dilate upon, so very hideous an idea?” In keeping with the story’s eerie origins – the stormy nights and sunless summer days beside Lake Geneva – she put it down to a kind of visitation, the result of “imagination, unbidden, possessed”. Yet as the manuscript reveals, inky-fingered graft played a big role in allowing the doctor’s monster to evolve into the more tragic, nuanced creature that’s haunted our imaginations ever since. In fact, “creature”, Mary’s initial description, is later replaced by “being”, a being who becomes still more uncannily human thanks to other tweaks such as replacing the “fangs” that Victor imagines in his feverish delirium with “fingers” grasping at his neck.

Sadly, the refusal to believe that a woman barely out of girlhood could possibly have authored this transcendent Promethean fable has never quite gone away, and Percy’s notes on the manuscript have been used to bolster the theory that he at least co-authored Mary’s novel. While he’s certainly an astute line editor, the chief revelation here is domestic: the radical Romantic was a supportive, affectionate partner.

(17) FLUSHED WITH PRIDE. “Transparent Public Toilets Unveiled In Tokyo Parks — But They Also Offer Privacy”.

The idea of using a public bathroom with see-through walls may sound like the stuff of nightmares. But a famous Japanese architect is hoping to change that view, using vibrant colors and new technology to make restrooms in Tokyo parks more inviting.

“There are two things we worry about when entering a public restroom, especially those located at a park,” according to architect Shigeru Ban’s firm. “The first is cleanliness, and the second is whether anyone is inside.”

Transparent walls can address both of those worries, Ban says, by showing people what awaits them inside. After users enter the restroom and lock the door, the powder room’s walls turn a powdery pastel shade — and are no longer see-through.

“Using a new technology, we made the outer walls with glass that becomes opaque when the lock is closed, so that a person can check inside before entering,” the Nippon Foundation says.

The group is behind the Tokyo Toilet project, enlisting world-famous architects to create toilets “like you’ve never seen.”

(18) NOT COSPLAY. You couldn’t make this up: “Ninja museum: Thieves carry out heist at Japanese site”.

A ninja museum has been raided in Japan, with thieves making off with more than a million yen (£7,100).

The Iga-ryu Ninja Museum in central Japan is dedicated to the history of the famous Iga clan of ninja.

Police were called after an alarm was set off at 01:30 local time on Monday (16:30 GMT on Sunday), the museum said on Thursday.

Officers found the office door had been forced with what is thought to be a crowbar and the 150kg safe was missing.

(19) VIDEO OF THE DAY. Someone with time on their hands turns 2001 into 2020.

2020: an isolation odyssey is a reenactment of the iconic finale of 2001: A Space Odyssey (Stanley Kubrick, 1968). Restaged in the context of home quarantine, the journey through time adapts to the mundane dramas of self-isolation–poking fun at the navel-gazing saga of life alone and indoors.

[Thanks to John King Tarpinian, N., Martin Morse Wooster, John Hertz, Cat Eldridge, Mike Kennedy, JJ, Andrew Porter, Michael J. Walsh, Linda Deneroff, Chip Hitchcock, Paul DiFilippo, John A Arkansawyer, and Michael Toman for some of these stories. Title credit goes to File 770 contributing editor of the day Simon Bisson.]

Ed Kramer Sues For Libel

Ed Kramer, who earlier this year took a plea bargain on charges of computer trespass and testified against his former co-defendant, Gwinnett County Superior Court Judge Kathryn Schrader, has sued one of the judge’s electoral challengers over a campaign flyer labeling him a “convicted sex offender.”

Schrader’s February trial ended in a hung jury and due to the pandemic the retrial has yet to be scheduled. Meantime, Schrader is running for re-election, and outpolled the other candidates for her seat on the court in the June 9 primary. She now faces a runoff against Magistrate Judge Deborah Fluker.

Eliminated judicial candidate Christa Kirk is the defendant in Kramer’s suit. Her campaign distributed a flyer showing photos of Kramer and Schrader under a heading of “Indicted,” and said Schrader’s case involves “a convicted sex offender.”

Kramer’s lawsuit contends this is a libel because when he was in court on three counts of child molestation in 2013 he entered an Alford plea — which allowed him to maintain his innocence while accepting guilt for the charges. And as Law.com explains in “Gwinnett Judge Races Sparks Libel Lawsuit by Incumbent’s Former Co-Defendant”, if the sentence is completed with no further offenses, no conviction is entered on the defendant’s record. “[Kramer], who has always maintained his innocence, was sentenced under this First Offender statute in 2013 and has been, and is still, serving a First Offender sentence,” his lawsuit says. “Consequently, [he] is not ‘convicted’ and has never been ‘convicted’.”

Kramer is, however, listed as a “sexually dangerous predator” in the Georgia Bureau of Investigation Sexual Offender Registry.

The lawsuit argues that the flyer harmed Kramer in the following ways:

While [Kramer] has suffered economic loss in the form of missed business opportunities and has been exposed to public hatred, contempt and ridicule, he has also suffered grave prejudice in a jurisdiction where he has pending criminal matters that may go to trial.

This act by Defendants was not only a violation of civil rights, defamatory, and libelous, it was a highly unethical act in the pursuit of a seat on the Gwinnett County Superior Court bench.

The suit asks for an order “enjoining defendants from making defamatory and libelous statements against [Kramer] and to redress the defamatory and libelous statement already made,  including the disclosure of any and all parties who received the defamatory and libelous statement.”

The suit also seeks unspecified monetary and punitive damages.

Kramer is a co-founder of Dragon Con, but has not been a co-owner since 2013.

[Thanks to Nancy Collins for the story.]

Seuss-Star Trek Mashup Argued in the Ninth Circuit

On Monday a panel of Ninth Circuit Court of Appeals judges heard oral arguments in Dr. Seuss Enterprises’ suit to stop ComicMix’s Oh, The Places You’ll Boldly Go! project.

Dr. Seuss Enterprises (DSE) claims the crowdfunded book, featuring the writing of David Gerrold and the art of Ty Templeton, infringes their copyright and trademark for Dr. Seuss’ Oh the Places You’ll Go! Previous District Court rulings had disposed of DSE’s trademark violation claims and copyright infringement claims, the latter decision now under appeal to the Ninth Circuit.

Courthouse News, in “Seuss-Star Trek Copyright Battleship Makes Landing at Ninth Circuit”, reports attorney Stanley Panikowski, representing Dr. Seuss Enterprises, said the Trek mashup would damage the demand for the Seuss original by competing with it in the graduation gift market. The mashup’s effect upon the potential market for or value of the copyrighted work is one of the four factors to be considered by the courts in evaluating fair use of copyrighted maerial.

Panikowski said via videoconference Monday… “‘Boldly’ has the same purpose, the same target audience, the same intended sales channels, and even the same substantive message as ‘Go.’ ‘Boldly is just a Star Trek-flavored clone of ‘Go,’” he added.

The Seuss classic reportedly “shoots to The New York Times’ bestsellers list” every May, purchased as a gift for graduates embarking on their careers.

In The Hollywood Reporter, “Appeals Court Reviews ‘Star Trek’/Dr. Seuss Mashup”, Eriq Gardner further observed:

If there’s reason to believe the Ninth Circuit is primed to reverse the decision and revive this mashup case, it comes from a point pushed by appellate judge Milan Smith. Several times during oral arguments, he stressed that the burden of showing a fair use is on the defendant. Meaning, it is ComicMix’s burden to show there isn’t market damage from Boldly rather than DSE’s burden to show there is the potential for market damage. Booth asserted the burden should be on the plaintiff, but in response to a question from Smith, the attorney admitted there’s no precedent of burden shifting when the judge rules the work is transformative. 

Courthouse News reported another judge’s questions indicated skepticism that the mashup satisfies the copyright law’s requirements for protection as a transformative work.

When U.S. Circuit Judge M. Margaret McKeown, a Bill Clinton appointee, noted there is no bright-line rule for the court to determine if a work complies with the transformative use provision allowable by the Copyright Act, Panikowski said the work was not transformative because it did not criticize or comment on the substance and style of the Dr. Seuss original.

ComicMix attorney Dan Booth disagreed.

“‘Oh, the Places You’ll Boldly Go’ is a creative expressive work that poses no cognizable harm to Dr. Seuss Enterprises,” Booth said.

“Fair use matters to artists and the public because it gives them breathing room to create,” he added.

But McKeown countered that argument, saying: “I’m having a hard time understanding your argument that this is a parody.”

Booth said because “Oh, the Places You’ll Go” is a book heavy on illustrations, rather than text, the parody of the Star Trek mash-up “is much more implicit through the illustration than the text.”

He also argued there is a “different undercurrent” of “Oh, the Places You’ll Boldly Go,” in which its parody is in “constantly pointing out the individualistic and narcissistic character of ‘Oh, the Places You’ll Go.’”

“It’s a universalist theme as opposed to aspiring for the goals of one individual. Star Trek and ‘Boldly’ take on a different approach and shoot for a different ideal, an ideal of universalism, of group support, of communion rather than individuality,” Booth added.

McKeown appeared unconvinced, calling Booth’s argument an “after-the-fact justification” as to why ComicMix chose to parody Dr. Seuss.

She also poked holes in Sammartino’s finding the Star Trek parody was transformative under the Copyright Act.

“The district court’s opinion on fair use is if you take an existing expression and intersperse it with some new expression that all of a sudden you have a transformative work,” McKeown said.

“It would seem to me to sink the whole notion of copyright protection and almost everything would be fair use,” she added.

According to The Hollywood Reporter’s Eriq Gardner, this case “marks the first time that an appeals court has grappled with the genre of mashups.”

An attempt to place mashups on par with parody in terms of copyright law didn’t sit well with Ninth Circuit Judge M. Margaret McKeown.

“The district court seemed to take the position that if you take existing expression and then you interspersed it with new expression, you have a transformative work,” she commented. “That is a definition of transformative use that I haven’t seen before. It would seem to sting the notion of copyright protection, and almost everything would be a fair use.”

[Thanks to Michael J. Walsh for the story.]

John Van Stry Wins Suit Against Book Pirate

A screencap of the Ebook.Bike site on the Internet Archive

Indie author John Van Stry has won his copyright infringement lawsuit against former Pirate Party of Canada leader Travis McCrea, whose Ebook.Bike platform offered free downloads of many writers’ work including a dozen novels by Van Stry.

“The lawsuit is over, and we won” Van Stry announced April 20 on his Patreon page. Judge Bryson of the U.S. District Court for the Eastern District of Texas ruled that Ebook.Bike’s McCrea willfully infringed 12 of Van Stry’s copyrighted works, and awarded Van Stry $9,000 in statutory damages. McCrea was permanently enjoined from “copying, reproducing, or distributing, either directly or vicariously, plaintiff’s copyrighted works” without authorization. McCrea also was ordered to pay Van Stry $3,605 as a sanction for failing to comply with his discovery obligations, and to pay Van Stry’s costs and attorney’s fees.

John Van Stry took up the basically thankless and highly expensive fight against this scofflaw when no law enforcement or author organization would put an end to McCrea’s activities — which had been going on for years.

MCCREA’S TRACK RECORD. Ebook.Bike’s copyright violations had made national news in Canada. Owner Travis McCrea’s taunting self-justifications featured in a Toronto Star story on March 9, 2019: “Authors irritated by ‘smug’ defence of Vancouver website they say is stealing their work”.

A Vancouver man who led the now-defunct Pirate Party of Canada is being accused by authors around the world of giving their ebooks away for free on a website that boasts everything from Michelle Obama’s bestseller to hundreds of indie books from small publishers.

…McCrea was the leader of the Pirate Party of Canada, which supported net neutrality, open government and intellectual-property reform and participated in multiple federal elections between 2010 and 2015. McCrea himself ran for MP in the riding of Vancouver Centre in 2011.

He said he currently operates the Canadian website of the Idaho-based Kopimist Church and that according to his Kopimist beliefs, “all information should be shared.” The website calls copying information a holy act.

McCrea was on the Authors Guild’s radar, too, but their comparatively passive recommendation was for writers to try and weaponize the Google search engine against Ebook.Bike by making the site harder to find: “Call to Action: Get Google to Remove Ebook.bike Links from Search Results” (March 6, 2019):

As many of you are aware, the pirate website “Ebook.bike” is back online, hosting thousands of books for illegal download. A number of authors have sent takedown notices to the website using its DMCA form. But as far as we know, its DMCA compliance is deliberate subterfuge as its DMCA form often doesn’t work; and even when it does and the books are taken down, other users almost immediately re-upload infringing copies.

…Until Congress closes this loophole in the law that allows websites like Ebook.bike to thrive, we have to band together and take action. For a start, authors have to collectively send a message to Google to delist links to the site’s illegal downloads from search results. There’s no reason why a site that traffics in stolen books should be so easily accessible. If enough authors send Google a takedown notice, it will be compelled to take action against Ebook.bike.

The Authors Guild’s choice of tactics showed it was powerless to directly counter Travis McCrea’s activities despite his flagrant history of digital piracy.

McCrea gained notoriety as a leader of the Pirate Party of Canada which had, as a key tenet of its platform, to “decriminalize non-commercial file sharing.” TorrentFreak reported in 2011 “As part of the ‘war for digital sovereignty,’ as McCrea describes it, he has launched Tormovies, a site dedicated to providing movie torrents. A look at the site’s front page reveals that all the latest Hollywood blockbusters are showcased.” McCrea claimed that his media piracy “isn’t theft,” and stated that he would continue his piracy downloading until the media is offered to him at what he considers a fair and accessible price.

Another of McCrea’s piracy sites traded college textbooks. According to the complaint filed in Van Stry’s lawsuit:

In a May 3, 2013 interview, Mr. McCrea admitted that he ran http://librarypirate.me (“LibraryPirate”), a website that brazenly traded pirated textbooks. Mr. McCrea’s LibraryPirate instructed students on how to make digital scans of their textbooks and post the pirated scans to the site he ran for “free downloading,” boasting he made 1,700 pirated textbooks available by August 2011, and made money by advertising on his LibraryPirate website to the people drawn to his illegally available works.

Then,

January 2013, Mr. McCrea setup his tuebl.ca website. T.U.E.B.L. stands for “The Ultimate Electronic Book Library.” Mr. McCrea solicited individuals who had digital copies of books in the popular ePub format, typically used on e-readers, such as Kindles, to upload their books on tuble.ca and to tuebl.com, the latter of which would redirected to tuble.ca (collectively “tuebl”), after which he would then make copies of the books available to any and all.

Numbers posted on that site said it contained 32,000 books by 13,000 authors, and their books had been downloaded over 9.5 million times.

About December 2015, McCrea began redirecting users from his tuebl.ca website to the Ebook.Bike website.

And in 2017 he was alleged to be the developer of Audiobook.cafe which let users stream and download pirated audiobooks.

McCrea also registered “The Kopimist Church of Idaho Inc.” as a Religious Non-Profit Corporation with the state of Idaho August 20, 2012, later adopting the title of “Chief Missionary and Outreach Officer and Director.” He referred to himself as “reverend” and was on record as having said that “giving away other people’s intellectual property” is his “religious vocation.”

LITIGATION BEGINS. McCrea dared anyone to sue him in a TorrentFreak interview in March 2019:

“While we stay committed to following all US copyright laws and ensuring we maintain our DMCA compliance, I would like to reiterate that I am a Canadian and my focus is on upholding the laws of my country. It just has always been that the DMCA provides the best framework for how to handle copyright complaints,” he said.

“I use the DMCA because it offers the best framework, not because I feel I’m obligated to. If they feel I’m liable, come sue me.”

A week later, Van Stry did.

John Van Stry had strong motives for taking up the fight: “[McCrea] was making money off of the stolen work of me and other authors, and bragging about it… He never complied with any take-down requests. Oh, I know he claimed he did, and I was told by one author that any books taken down (in the few instances he appeared to do that) were back up again in days. He was destroying the retirement of many authors, who rely on the royalties they get from their backlogs to pay their bills. This is a real thing! People were being financially hurt! This wasn’t some small pirate site that maybe a couple of dozen people go to. The site was getting over a million hits per month, by his own account. Millions of books were being downloaded. Books are not like songs where you listen to them again and again. You read a book once, that’s it. People who steal books don’t come back and buy them later. Claiming that they do is a myth.”

Van Stry also feared repercussions against his legitimate sales: “I was worried that Amazon might pull my books and punish me, for them being on his website. After all, [McCrea] was claiming he had permission for them to be there. Other authors were highly concerned with this as well.” And not only were Van Stry’s sales being hurt, “He was impacting my sales ranking and my marketing. The secondary impact of this theft is a lot harder to estimate, but it was there, and I felt it. Again, other authors felt it too.”

In anticipation of a lawsuit, McCrea started a GoFundMe appeal to finance his defense. The Digital Reader’s Nate Hoffelder fact-checked some of McCrea’s claims there in a March 28, 2019 article:

McCrea has launched a GoFundMe campaign to raise a defense fund. He lies multiple times in the brief description.

“Let me be clear: At no point have I uploaded content I didn’t own to Ebook Bike,” he writes “and I have always ensured that copyrighted material wouldn’t be uploaded (using the same methods and techniques used by YouTube, Facebook, and others).”

That is an utter falsehood; I just (in the past couple minutes) downloaded A Memory Called Empire and Mike Resnick’s Soothsayer. Both books were complete (and both are in copyright, obviously).

JURISIDICTION. Van Stry hired professional lawyers to litigate his case. McCrea defended himself, pro se. McCrea blew off discovery, making the minimum responses needed to keep the case going while Van Stry’s legal bills bled him financially.

Although the defendant was in Canada, the Federal District Court in Van Stry’s home state of Texas accepted the lawyers’ arguments that it had jurisdiction:

Court has subject matter jurisdiction at least under 28 U.S.C. §§ 1331 and 1338(a), the first providing for federal questions and the latter providing that “[t]he district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to . . . copyrights . . .”

Van Stry’s attorneys also argued the court had jurisdiction over McCrea and another co-defendant (the ISP) because through the internet they were offering the copyrighted works in Texas:

Mr. McCrea advertises, distributes, and imports via Mr. McCrea’s eBook.Bike website (see below for description) and allows for and does reproduce the copyrighted Works (also described below) in copies without permission or license into Texas and this district.

In addition, they pointed out an established principle about suits against non-U.S. residents:

For all venue purposes, a defendant who is not a resident of the United States may be sued in any district…

THE DECISION. Initially, Van Stry asked for statutory damages of $15,000 per book, and a permanent injunction to prevent further infringement of his copyrighted books. He also asked for an award of costs and attorney’s fees.

While McCrea sandbagged the discovery process, the judge prodded the parties to settle. But as Van Stry wrote when the decision came out this week —

…[For] all of those saying I should have settled out of court? We tried. Three times. The first time? Mr. McCrea sent US the settlement offer. One that was a hell of a lot better than what he was hit with today. He asked us to write it up for him (because of course he didn’t have a lawyer – right). So I paid my attorney’s to write it up exactly like he sent it to us.

And he never signed it.

Twice more we sent it to him, at the judge’s (subtle) urging. He didn’t respond to the first of those and was a bit rude on the last time.

As the prospect of a trial grew nearer, the judge also told the parties – who by then were willing to have him to render summary judgment on the record already before him – that the certain way to avoid the possibility of a jury trial was for Van Stry to ratchet down his request for damages.

“[I] note that the right to a jury trial on the issue of statutory damages does not apply when the plaintiff seeks an award limited to the statutorily guaranteed minimum amount…

“In light of Mr. Van Stry’s acknowledgement that damages in this case are likely to be illusory, he may wish to limit his request for statutory damages to the statutory minimum award of $750 per work —an amount that Mr. McCrea has already agreed would be appropriate. In that event, a jury trial on damages would not be necessary.

“Mr. Van Stry may, if he chooses, make the request to limit the award of statutory damages in the alternative. The request, that is, would only control in the event that Mr. McCrea does not waive his right to a jury trial.”

Van Stry took the hint and adjusted his damage claim downward. A dozen books at $750 apiece – thus in the final verdict, the court’s damage award of $9,000.

The court also sanctioned McCrea for his non-cooperation in the discovery phase, and granted Van Stry costs and attorney’s fees:

Mr. McCrea’s positions in this case have been distinctly lacking in both legal and factual support, and Mr. Van Stry has prevailed on all his claims. Moreover, Mr. McCrea’s lack of diligence in this case and his conduct during discovery have unnecessarily extended the proceedings and have driven up the costs of the litigation for Mr. Van Stry. And Mr. McCrea’s actions resulting in this lawsuit were willful, not innocent. Indeed, Mr. McCrea has said that he did “not care if the website was illegal and would do it either way.”

…Considerations of compensation and deterrence also favor an award of attorney’s fees. Mr. Van Stry has experienced significant and sometimes unnecessary litigation expenses in maintaining this lawsuit… Awarding fees in a clear-cut case such as this one does not give rise to any countervailing interests, such as the risk of discouraging others to build on an author’s work.

THE JUDGE’S REVIEW OF THE DEFENSE. The court opinion deconstructs McCrea’s defense, which rested on (1) denying anyone had downloaded copyrighted work from his site, (2) that he was entitled to the safe harbor protections of the Digital Millennium Copyright Act, and (3) he was exercising his religious freedom.

McCrea hamstrung his first two arguments by failing to answer allegations in discovery – as a result, things alleged by the plaintiff ended up being treated as admissions by the defendant — treated as fact for purposes of the case.

Mr. McCrea denied any wrongdoing because there was no evidence, according to Mr. McCrea, that there had been any downloads of copyrighted material. Id. at 3. At the same time, Mr. McCrea said that he was “practising [his] religion by helping authors connect with their readers.” Id. at 2. Mr. McCrea also claimed that his actions were protected by the safe harbor provision of the Digital Millennium Copyright Act. And, in the event of liability, Mr. McCrea disputed Mr. Van Stry’s contention as to the appropriate amount to be awarded in damages. Id. at 1–2.

… Beyond the fact Mr. Van Stry’s prima facie case of willful copyright infringement is established as a result of the Court’s sanctions order, Mr. McCrea’s challenge to liability on the merits is not supported. He contends that summary judgment should not be granted because the plaintiff “has no evidence that any of their work was actually available on the website” and no evidence that the books were “downloaded from the site.” Dkt. No. 54, at 3. Mr. Van Stry replies that Mr. McCrea admitted (by failing to respond to requests for admission) that all twelve copyrighted books at issue in this litigation available for distribution on Mr. McCrea’s website and that they were distributed into the United States. Dkt. No. 59, at 3. Mr. Van Stry’s counsel also submitted an affidavit stating that as part of his pre-suit investigation, he downloaded all twelve books from Mr. McCrea’s website. Id.

DMCA. The DMCA grants internet service providers a safe harbor against liability for copyright infringement by works available on their websites if they adhere to several requirements. One of them is to have a designated agent to receive takedown notices, and the contact information must be on the ISP’s website, and provided to the Copyright Office.

Mr. McCrea does not dispute that he did not designate an agent with the Copyright Office. See generally Dkt. No. 54. To the contrary, Mr. McCrea previously admitted that he had no designated agent by failing to respond to a request for admission directed to that very issue.

Therefore, the court rejected McCrea’s safe harbor affirmative defense.

RELIGIOUS EXEMPTION. McCrea had told the court that his “religion should be protected by the 1993 Protecting Religious Freedom Act,” and that he is “practising my religion by helping authors connect with their readers.” Also, “[i]t is the position of the Kopimist Church that copying is a holy act, to share files is a holy act, to share knowledge is a supremely holy act.”

The court ruled that McCrea’s reliance on the RFRA was misplaced, because it does not apply when the “government,” as defined by RFRA, is not a party to the action.

Besides, said the court, copyright law was not really an obstacle to this claimed religious practice:

… Mr. McCrea certainly could have approached Mr. Van Stry to obtain a license to copy, make available, and distribute Mr. Van Stry’s copyrighted works, if that was how Mr. McCrea chose to help connect Mr. Van Stry with his readers. Mr. McCrea’s conclusory assertion that licensing would be “impractical” does not alter the analysis.

FURTHER THOUGHTS. Why did McCrea do it? What were McCrea’s motives for running Ebook.bike [Internet Archive link] and his other sites?

Van Stry told his Patreon readers, “He was stealing my work, and the work of other authors to make money, lots of money, with which he bought two airplanes and lived a pretty good life.”

Van Stry’s lawyers pointed to McCrea’s claims on his Kopimist Church site that he received enough donations to buy a private plane, and photos in which he “projects a life of luxury, including yacht trips in the English Bay of Vancouver and horse riding.” It suited their purpose to take these statements at face value.

On the other hand, there was no charge to download the books. Was there advertising on the Ebook.Bike site? — the Internet Archive snapshots I reviewed didn’t show any, although I just looked at the front page, which presumably would get the most hits. Did he get something in exchange for recommending the ebook-reading programs linked from his site? Was there user information collected at some step in this process which could be turned to commercial gain? Are there other ways to profit from a pirate site?

The inference that someone would only go to such effort for money is understandable, but users of social media have also witnessed people expend a great deal of energy in return for a sense of power, or to enjoy widespread public attention. Maybe McCrea made a lot of money. He definitely seemed to enjoy taunting the victims and critics of his filesharing sites.

LEGAL BILLS. Meanwhile, John Van Stry has shouldered heavy legal bills. Will he recover any of it through the court’s awards? That’s a good question.

At least he’s received some support from his “Bring ebook.bike to Justice” GoFundMe, where with the help of 397 donors he’s raised $31,547 of his $70,000 goal.

More than half the donations are anonymous, but the named donors include many indie writers — $500 from Craig Martelle (20BooksTo50K) — and even publishers — $250 from Suzan Tisdale (Glenfinnan Publishing, who was thanked by the Authors Guild for her own efforts against McCrea’s site, but whose name has since become more recognizable as one of the duo whose ethics complaints triggered RWA’s penalties against Courtney Milan.) 

WORTH THE PAIN. With the decision in, Van Stry is able to freely share his feelings about the case:

Mr. McCrea survived only because lawsuits are expensive. He knew this, hence his challenge ‘just sue me!’ He knew most authors can’t afford it. Well unfortunately for him, I could. I saw authors whom I’m a long time fan of complaining about the damage, I saw reflected in my own sales damage. I’ve been very successful as an author, I’m very thankful to all my fans, and all of the authors who have gone before me.

So I saw this as an opportunity to pay them back, to give something back to the writing community. To take down someone who was stealing, who was profiting from that theft. Someone who was so self-entitled that he was laughing at the rest of us and just challenging us to sue him while bragging about the money he was making.

Understand that I did NOT want to do this. But if not me, then who? If not now, then when? Sometimes, you just have to stand up for what is right. This lawsuit hurt me, considerably, and not just because of the money that came out of my pocket. Rarely did a day go by that I wasn’t thinking about it, and rarely did a week go by when I wasn’t having to deal with my attorneys. But it wasn’t just about me, it never was.

He has also made available for download three documents in which Judge Bryson explained his rulings:

These documents are all a matter of public record.